Revisiting Temporary protection as a Protection Option to Respond to Mass Influx Situations

The mass displacement of persons fleeing armed conflict continues to be a major problem that needs to be addressed by states and the international community.The Convention Relating to the Status of Refugees framework is
inadequate to address all problems, especially the ones related to persons fleeing armed conflict and mass influx situations. In view of this protection gap and the difficulties that states face during large-scale influx, this chapter revisits the concept of temporary protection. The first part of this chapter analyses and defines temporary protection. This part also examines some of the instances there protection has been introduced. In order to provide a better understanding of the concept, the main criticisms directed to temporary protection and its practice are addressed in the second part. Therein, the chapter outlines the positive and negative aspects of temporary protection and problems associated with its practice. Namely, the research examines the arguments that temporary protection undermines the 1951 Convention. The second claim which is critically assessed in this part is that temporary protection implies a shift in the search of durable solutions away from the sphere of law. The third part advances the position that temporary protection is a viable option to protect persons fleeing armed conflict in mass influx situations It further elaborates this argument and makes clear which aspects of temporary protection support it.