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in countries of first asylum, or resettlement in countries of
subsequent asylum.
Provision of physical protection, whereby refugees enjoy
safety and security in their lives and of their properties. This
includes ensuring that refugees and their communities are
protected against any attack or violation, particularly by the
state responsible for their displacement.
Explanation (2)5
"Refugee" is a legal status, according to which a person acquires the
right to international protection as a consequence of the lack of national
protection due to persecution by the state or its subjects, or the state’s
inability to provide the necessary protection. The lack of protection
may result from a situation of occupation or settler–colonialism, as is
the case in Palestine. The concept of protection has evolved throughout
history and developed into a customary international obligation,
which is prescribed by several international instruments. International
protection reflects the set of measures that ensure the preservation of
human dignity and enjoyment of fundamental human rights.
In the context of refugees, as long as the state that is responsible
for the displacement is unwilling or unable to ensure that a person
enjoys sanctioned rights, the international community, as a whole
and as individual states, are bound to ensure legal, humanitarian and
physical protection. This is an obligation and not charity. It is an
international responsibility that remains in effect until the refugee's
situation is durably resolved in accordance with the provisions of
international law and based on a free, informed and individual choice
of the refugee.
While integration and resettlement offer durable solutions, the
application is dependent on the state(s) concerned rather than on
refugee voluntary choice. On the other hand, voluntary return is both
a durable solution and an individual right. Hence, return is a right
5
BADIL, Survey 2013-2015, supra note 2, pp 57-70; BADIL, Susan Akram,
Temporary Protection and its Applicability to the Palestinian Refugee Case, Brief
No. 4, 2000.
7
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