To that end, even when the Refugee Convention was later negotiated in 1951, Arab states
persisted in their demand that Palestinians continue to be afforded the protection of a special
regime. The international protection system for refugees was thus framed in such a way as to
underpin the special regime for Palestinians and to only supplement it when necessary.
In reality, however, this separate regime has resulted in a substantial lack of protection for
displaced Palestinians. The more than 74 years of uninterrupted Israeli colonial-apartheid
policies of forcible transfer are mirrored by a unique protection gap flowing from the
misinterpretation and improper implementation of the system initially adopted to afford
displaced Palestinians comprehensive protection. This system, rather than granting Palestinians
international protection, has been utilized to exclude them from the protection regime of
the Refugee Convention and the oversight of UNHCR. Moreover, protection of Palestinian
IDPs throughout all of Mandatory Palestine has been undermined by Israel’s unwillingness
to provide them the protection and assistance to which they are entitled.
To elaborate on how displaced Palestinians have been left in a protection lacuna, the following
chapter will first discuss the definition of international protection as well as the general
international protection frameworks afforded to refugees. It will then discuss the content and
structure of the separate regime for Palestinian refugees and the resultant protection gap. The
Chapter also considers the separate regime for Palestinian IDPs.
3.1. International Protection: Triggers and Definitions
Under international law, one of the primary duties of states is to ensure the protection of
its citizens and persons under its sovereignty or jurisdiction. According to the International
Committee of the Red Cross (ICRC),320 protection encompasses:
“All activities, aimed at obtaining full respect for the rights of the individual in
accordance with the letter and the spirit of the relevant bodies of law (i.e., human rights
law, international humanitarian law and refugee law)”.321
When a state is unable or unwilling to ensure such protection, individuals under its jurisdiction
may be exposed to such serious violations of their basic rights that they are forced to seek
protection elsewhere, abandoning their homes and properties. International law states that in
this instance, the international community has the responsibility to provide comprehensive
protection to those who are entitled to it, triggering international protection.322
The UNHCR states that “international protection includes a range of concrete activities that
ensure that all women, men, girls, and boys of concern to UNHCR have equal access to
320
The ICRC is a humanitarian agency mandated to protect victims of international or internal armed conflicts, under
the system consolidated by the 1949 Geneva Conventions and their 1977 Additional Protocols.
321
Carlo Von Flüe, Jacques de Maio, Third Workshop on Protection for Human Rights and Humanitarian Organizations: Doing
something about it and doing it well (ICRC 1999).
322
Global Protection Cluster Working Group, Handbook for the Protection of Internally Displaced Persons (Global Protection
Cluster 2010), 7 <https://www.refworld.org/docid/4790cbc02.html> accessed 3 October 2022.
70
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