that gives rise to a customary obligation, which states are required to enable persons to exercise. According to international best practice and as reiterated by UNGA Resolution 194, the UN High Commissioner for Refugees (UNHCR) and the UNHCR Executive Committee, situations of mass displacement, such as the Palestinian case, are best resolved with the exercise of the right of return to the country of origin. 3. The protection gap experienced by Palestinian refugees is a result of an ineffective protection framework The separate protection framework designed specifically for Palestinian refugees by the UN, which was intended to provide active and sufficient protection to Palestinian refugees, is ineffective because: a) b) c) 6 8 The UN Conciliation Commission for Palestine (UNCCP) ceased its operations in the early 1950s: The UNCCP was created by the UN, with a mandate to implement Resolution 194 and provide comprehensive protection to refugees until such time as the Resolution is put into effect. At the time of its creation, the UNCCP membership included the United States of America (USA), France, and Turkey.6 Limited legal and geographical mandate of UNRWA: UNRWA is mandated to provide humanitarian aid (rather than legal and physical protection) within a limited geographical scope; the designated five areas of operation of UNRWA. Furthermore, unlike the UNCCP, UNRWA’s legal scope does not incorporate all Palestinian refugees. Its operational definition of a refugee is based on the individual’s need and not their legal status. The UNHCR does not fulfil its responsibilities under the 1951 Convention relating to the Status of Refugees (1951 Refugee Convention) in situations where either of the two agencies (UNCCP or UNRWA) cease their operations. The UNCCP no longer has any operational officers/members; rather it has been incorporated into the office of the UN Secretary General.