International refugee law
The 1951 Convention Relating to the Status of Refugees,20 which provides the
main legal framework for protection and assistance for refugees. According to
this Convention, refugees are those who have been forced, or have no other
option but to flee their homes, and have crossed an international border:
The inspiration for the Convention was the strong global commitment
to ensuring that the displacement and trauma caused by the
persecution and destruction of the war years would not be repeated.21
According to the 1951 Convention Relating to the Status of Refugees, the
term “refugee” shall apply to any person who:
[...] owing to well-founded fear of being persecuted for reasons of
race, religion, nationality, membership of a particular social group or
political opinion, is outside the country of his nationality and is unable
or, owing to such fear, is unwilling to avail himself of the protection of
that country; or who, not having a nationality and being outside the
country of his former habitual residence as a result of such events, is
unable or, owing to such fear, is unwilling to return to it.
Internally displaced persons
The United Nations Guiding Principles on Internal Displacement defines
internally disoplaced persons to be, “[…] persons or groups of persons who
have been forced or obliged to flee or to leave their homes or places of
20 The majority of Palestinian refugees fall under a different legal framework. At the time of the
drafting of the 1951 Refugee Convention, there were already two UN agencies providing protection
and assistance to Palestinian refugees and searching for durable solutions: the United Nations
Conciliation Commission for Palestine (UNCCP) and the United Nations Relief and Works Agency for
Palestine Refugees in the Near East (UNRWA). The United Nations High Commissioner for Refugees
(UNHCR) was mandated to serve as an alternative �� i.e., a safety net – if protection or assistance
provided by UNCCP and UNRWA would “cease for any reason” (Article 1D of the 1951 Refugee
Convention), in order to ensure continuity of protection for the Palestinian refugees. As stated
by the High Commissioner for Refugees: “While paragraph 1 of Article 1D is in effect an exclusion
clause, this does not mean that certain groups of Palestinian refugees can never benefit from the
protection of the 1951 Convention. Paragraph 2 of Article 1D contains an inclusion clause ensuring
the automatic entitlement of such refugees to the protection of the 1951 Convention if, without their
position being definitively settled in accordance with the relevant UN General Assembly resolutions,
protection or assistance from UNRWA has ceased for any reason.” Note on the Applicability of
Article 1D of the 1951 Convention relating to the Status of Refugees to Palestinian refugees.
Available at: http://unispal.un.org/UNISPAL.NSF/0/68C845ADCFF3671A85256C85005A4592;
For more information, see: BADIL Resource Center for Residency and Refugee Rights, Closing
Protection Gaps: A Handbook on Protection of Palestinian Refugees in States Signatories to the
1951 Refugee Convention.
21 UNHCR, REFUGEE PROTECTION: A Guide to International Refugee Law, at foreword, available at http://
www.refworld.org/pdfid/3cd6a8444.pdf.
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