To face these incoherencies, the Recast Qualification Directive of 13 December 2011 underlines as a main objective of European legislation that of ‘ensur that Member States apply common criteria for the identification of persons genuinely in need of international protection’. Negative consequences in terms of equal treatment of persons eligible for subsidiary protection are self-evident. In the application of the EU Qualification Directive of 29 April 2004 which sets out the standards for granting that protection for asylum seekers, domestic jurisdictions have often fluctuated between a notion of internal armed conflict which reflects the definition existing in international humanitarian law and a wider interpretation which would allow a more extensive application of the European Directive. Under the law of the European Union, establishing the scope and extent of the concept of non-international armed conflict is essential in determining the limits and the extension of the subsidiary protection granted to those people fleeing their country, who are not protected by the Geneva Convention on the status of refugees.
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