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2.4.6. Interpretation of indiscriminate violence for the purposes of granting subsidiary protection

2.4.6. Interpretation of indiscriminate violence for the purposes of granting subsidiary protection 
 

icon case law on determining protection provided by the UNRWA

The CJEU interpreted the recast Qualification Directive, Article 15(c) in CF and DN v Bundesrepublik Deutschland (C-901/19) and clarified the criteria to assess indiscriminate violence in the country of origin for the purpose of granting subsidiary protection. The court ruled that the interpretation of national legislation which is subject to the condition that a fixed, quantitative criteria is met (for example the ratio of the number of casualties to the population) is not compatible with the recast Qualification Directive, Article 15(c). The court noted that this strays from common criteria that Member States should use to identify persons genuinely in need of international protection. Furthermore, the individual assessment should consider the intensity of the armed confrontations, the level of organisation of the armed forces involved, the duration of the conflict, the geographical scope of the situation of indiscriminate violence, the actual destination of the applicant if returned to the relevant country or region, and intentional attacks against civilians.