3.3.3. The Resultant Protection Gap for Palestinian Refugees Inclusive Definition for Displaced Palestinians A proper and inclusive definition of Palestinian forcibly displaced persons would include all Palestinian refugees and IDPs without temporal or geographical restrictions, in accordance with international definitions. A just and historically accurate definition would include all Palestinians who were, and continue to be, externally displaced (1948 refugees, presently residing outside the area that became Israel, and also 1967 displaced persons, outside what became the oPt) in the context of the ongoing Nakba, as well as their descendants. Temporal and geographical restrictions on who is deemed to be a Palestinian refugee can only serve to deprive parts of the refugee population of their rights and protections, leaving them vulnerable to political exploitation and undermining their legitimacy as an oppressed people deserving of protection and recourse. Secondly, the narrow and exclusionary interpretation of Article 1D of the Refugee Convention used by the UNHCR and signatory states has worsened the protection gap.378 Crucially, the Convention contains an inclusion clause stating that, when either UNRWA or the UNCCP cease or are unable to fulfill their mandate regarding a given Palestinian refugee, that refugee becomes entitled to status and benefits under the Refugee Convention, without having to fulfil the individualized criteria set out in Article 1A (2). According to the UNHCR, however, the event that triggers the inclusion clause would be the cessation of UNRWA assistance to that individual refugee, as effected by the termination of UNRWA as an agency, the 378 Although UNHCR’s guidelines are not legally binding on national authorities involved in refugee status determination, they may serve as guidance for decision-makers in asylum proceedings. 81 Chapter Firstly, the definition adopted by UNRWA of “Palestine refugee” is a purely administrative one. In contrast to the “global” definition provided by Article 1A(2) of the Refugee Convention and other regional instruments, it fails to effectively include all Palestinians who are in need of refugee protection. UNRWA’s definition simply outlines the criteria necessary for receiving assistance and fails to acknowledge the element of forcible displacement. Moreover, it does not fully encompass the whole range of displaced Palestinians today, instead including only those who were displaced during the 1948 War and who were registered or eligible for registration at that time. In other words, it does not include anyone displaced for the first time in 1967 as a result of the Six Day War. Nor does it include those who were displaced during 1948 but did not qualify for need-based assistance, or those forcibly displaced since 1967 as a result of Israel’s ongoing annexation and colonization of the oPt. Its mandate has been extended by the UNGA to provide humanitarian assistance on an emergency basis only. 3 Due to the demission of the UNCCP and the limited mandate of assistance afforded to UNRWA, the separate framework that remains is characterized by a serious protection gap for Palestinian refugees. With no UN agency specifically mandated to provide legal protection and seek a durable solution (especially return and property restitution), Palestinian refugees are left in a seemingly permanent state of protracted displacement with no end in sight. This gap is exacerbated by two additional elements.