Article in regard to measures relating to national security in time of war or national emergency”. 101 As stated, Article 8 precludes the application (within the limitations of the second sentence) of exceptional measures to stateless persons if they are based solely on their former nationality. The contention of the Ad Hoc Committee was that while the government should not be authorized to treat refugees as enemies, it would take time to screen them. In the case of an outbreak of war or of a similar event, it might be impossible for a state to make an immediate distinction between enemy nationals supporting the enemy state and refugees from that state, especially if they carried national passports. The purpose of Article 9 of the Refugee Convention was to permit the wholesale provisional internment of 102 refugees in time of war, followed by a screening process. This reasoning may also be applicable to “stateless persons”. There may also be cases where the status of a person not possessing a nationality is not clear, i.e., the authorities may have certain doubts whether he is a bona fide stateless person, despite the previous determination to this effect. In such instances the states are authorized to apply exceptional measures on a provisional basis to a stateless person. Such measures may be taken only in time of war or other grave and exceptional circumstances and only if they are necessary in the interests of national security. The measures are provisional because they have to be suspended if the person involved can prove conclusively his status of a bona fide stateless person, or 103 that, in his case, they could not be justified by the interests of national security. The instances of application of Article 9 are described in this article as “time of war or other grave or exceptional circumstances”. The last words were put in by the Refugee Conference instead of “national emergency” agreed upon by the Ad Hoc Committee. They were decided upon as a compromise between the wording of the Ad Hoc Committee, which was considered by some delegates as too restrictive, and the British proposal to add a third case to the two agreed upon by the Ad Hoc Committee, namely, “in the interests of national security”, which would in effect have enabled a state to take exceptional measures 104 at any time. On the basis of the history of this article in the Refugee Convention and its inclusion in this Convention, it must be assumed that the words “other grave and exceptional circumstances” include intermediate areas between war and national security, such as grave instances of cold war, internal crises calling for certain international precautions, or a state of emergency. 3. Article 9 grants the Contracting States the authority to determine for themselves what measures are essential to their national security and whether the person involved is a stateless person. This authority does not prevent the application of Article 34 (settlement of disputes). Article 10 Continuity of residence 1. Where a stateless person has been forcibly displaced during the Second World War and removed to the territory of a Contracting State, and is resident there, the period of such enforced sojourn shall be considered to have been lawful residence within that territory. 101 E/1850, para 23. 102 SR.6, p. 15, SR.26, p. 6; see also E/AC.32/SR.35, p. 6. 103 The Yugoslav representative in the Stateless Persons Conference expressed his view on the meaning of the last clause in the following words: "A state could adopt provisional measures in respect of a person and then, when it is established that the said person was stateless, it could either abolish these measures or maintain them if it considered them necessary for its national security" (SR.5, p. 17). 104 For the discussion see SR.6, pp. 13 ff.

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