Nations protection or assistance.” This provision, coupled with Article 1(D)
of the Refugee Convention, has been interpreted to place restrictions upon
UNHCR’s scope in providing international protection to Palestinian refugees
who already fall under the mandate of the UNCCP and UNRWA. However,
Article 1(D) contains a parallel inclusion clause stating that “when such
protection or assistance has ceased for any reason, without the position of
such persons being definitively settled in accordance with relevant resolutions
adopted by the General Assembly of the United Nations, these persons shall
ipso facto be entitled to the benefits of the Convention.” While this norm
could theoretically authorize UNHCR to assume responsibility for Palestinian
refugees and IDPs,174 it has been narrowly interpreted by UNHCR itself as
applying only to those persons “outside UNRWA’s area of operations”, and as
such “no longer enjoy the protection or assistance of UNRWA.”175
A deficient system of protection for Palestinian Refugees and IDPs
The displaced Palestinian population is therefore facing a substantial lack of
protection. Israel, as the state exercising jurisdiction, is unwilling to provide
Palestinians with any form of protection, causing and perpetrating their
displacement and the continuing violation of their rights. In such cases, it is the
duty of the international community to intervene and to provide the denied
protection: as the UN General Assembly recognized in Resolution 319, “the
problem of refugees is international in scope and in nature”.176 As also recognized
by the Pinheiro Principles, the international community, especially the UN, has
a general responsibility to act in order to enforce the realization of the right
of return and restitution to refugees and IDPs.177 However, since the UNCCP
has been unable to fulfil its mandate for decades, and only a small number of
Palestinians are benefiting from UNHCR protection, there is currently no UN
agency specifically mandated to provide legal protection and seek a durable
solution (especially return and property restitution) for Palestinians. Instead
of being administered by a UN custodian appointed to protect and manage
refugees’ and IDPs’ land and properties (as was formerly proposed by Arab
states’ delegations)178 in order to allow their legitimate owners to receive the
174 See the alternative interpretation of Article 1(D) proposed by Susan Akram and Terry Rempel in
“Recommendations for Palestinian Refugees: a Challenge to the Oslo Framework”, The Palestine
Yearbook of International Law, 11, No.1 (2000/2001): 27-36.
175 UNHCR, UNHCR Revised Statement on Article 1D of the 1951 Convention in relation to Bolbol v. Bevándorlási
és Állampolgársági Hivatal pending before the Court of Justice of the European Union, October 2009, para
8, available at: http://www.refworld.org/docid/4add79a82.html [accessed 27 Jul 2018].
176 UN General Assembly, Resolution 319, supra note 171.
177 Pinheiro Principles, supra note 107, Section VI.
178 Fischbach, Records of Dispossession, supra note 122.
58
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