to be read sequentially. In other words, one must first come within the scope of the first paragraph before coming within the second paragraph. Paragraph 1 generally excludes from the protection of the 1951 Convention those Palestinian refugees who are receiving protection or assistance from UNRWA, while paragraph 2 of Article 1D operates to include those very same Palestinian refugees when that protection or assistance has ceased. Once the protection or assistance has ceased (see section II E below), they are entitled ipso facto to the benefits of the 1951 Convention. As refugees already recognised by the international community,6 no separate or additional assessment under Article 1A(2) is required for them to qualify for Convention protection. Claimants need only demonstrate that they fall within the terms of Article 1D. 4. All States parties to the 1951 Convention and/or 1967 Protocol need to ensure that Article 1D is fully incorporated in national law and practice. Fully incorporating this provision in national law and practice is a matter of States parties’ obligations under the international refugee instruments. 5. These Guidelines address the interpretation of Article 1D of the 1951 Convention in respect of Palestinian refugees applying for protection under the 1951 Convention outside of UNRWA’s areas of operation. They provide UNHCR’s substantive interpretation of Article 1D (Part II), and also address a number of procedural and evidentiary matters (Part III), drawing on State practice, international and national jurisprudence, as well as the views of leading jurists and academic experts. II. ANALYSIS A. Object and purpose 6. In interpreting Article 1D, it is appropriate to have regard to its object and purpose and its context, including through recourse to the travaux préparatoires of the 1951 Convention and to other contemporaneous international instruments intended to address the questions of protection and institutional responsibility for Palestinian refugees. A broad interpretation is warranted, based on the intention of the parties as expressed in the ordinary meaning of the terms of the treaty, considered in context and in the light of its object and purpose.7 By applying such, it is clear that Article 1D of the 1951 Convention has two related purposes which guide its interpretation and application. The first purpose is to ensure that Palestinian refugees continue to be 513; and Lex Takkenberg, The Status of Palestinian Refugees in International Law, (Oxford: Oxford University Press, 1998), p. 66. See also, Guy Goodwin-Gill and Jane McAdam, who state that Article 1D “should be seen not so much as an ‘exclusion’ clause,” but rather as a “contingent inclusion clause”. The Refugee in International Law, (Oxford: Oxford University Press, 3rd edn., 2007), 153; and Atle GrahlMadsen, who refers to it as a “suspensive clause”, The Status of Refugees in International Law, Volume I Refugee Character, A.W. Sijthoff-Leyden, 1966, p. 263. 6 “[P]alestinian refugees - and there is no doubt but that the displaced Palestinians were considered at all relevant stages to be refugees - were regarded, in and out of the United Nations, as belonging to a special category.” Amer Mohammed El-Ali v. The Secretary of State for the Home Department and Daraz v. The Secretary of State for the Home Department (The United Nations High Commissioner for Refugees, Intervener), (“El-Ali”) United Kingdom: Court of Appeal (England and Wales), 26 July 2002, [2002] EWCA Civ 1103, http://www.refworld.org/cases,GBR_CA_CIV,3f278a3a4.html, para. 15. 7 Article 31 of the Vienna Convention on the Law of Treaties, 23 May 1969, United Nations, Treaty Series, vol. 1155, p. 331, http://www.refworld.org/docid/3ae6b3a10.html. See also, Ian Brownlie, Principles of Public International Law, (Oxford: Oxford University Press, 7th edn., 2008), 631. 3