This section focuses on the application of the provision of Article 15(c) QD. Under Article 2(f) QD in conjunction with Article 15(c) QD, subsidiary protection is granted where ‘substantial grounds have been shown for believing that the person would face a real risk of suffering serious harm’ defined as ‘serious and individual threat to a civilian’s life or person by reason of indiscriminate violence in situations of international or internal armed conflict’.
Each element of the provision is addressed in a separate subsection.
Figure 5. Elements in the assessment of Article 15(c) QD.
All of these elements have to be fulfilled in order to grant subsidiary protection under Article 15(c) QD.
The analysis under this section builds on the most relevant European case law. Three judgments of the CJEU and one judgment of the ECtHR are particularly taken into account.
In addition, the ECtHR judgment in Sufi and Elmi was consulted when developing the indicators for the assessment of the level of indiscriminate violence10 .