29 For more on the nexus between statelessness, human trafficking, and international protection, see UNHCR, International protection for trafficked persons and those who fear being trafficked, 20 December 2007, ISSN 1020-7473, available at: <http://www. unhcr.org/refworld/docid/4c247bc32.html>. 30 1951 Convention relating to the Status of Refugees, July 28, 1951, 19 U.S.T. 6259. The 1951 Refugee Convention is the key legal document defining who is a refugee, enumerating refugees’ rights, and setting forth States’ legal obligations. The 1967 Protocol relating to the Status of Refugees removed the geographical and temporal restrictions from the 1951 Refugee Convention and incorporated all of its substantive provisions. The United States acceded to the 1967 Protocol in 1968 and in doing so, bound itself to the substantive provisions of the 1951 Refugee Convention, even though it has not acceded to the Convention itself. As of June 2012, 145 States are parties to the 1951 Refugee Convention, 146 States are parties to the 1967 Protocol to the Convention, and 147 are parties to one or both. See UNHCR, States Parties to the 1951 Convention relating to the Status of Refugees and the 1967 Protocol as of 1 April 2011, <http://www.unhcr.org/3b73b0d63.html>. 31 1954 Convention relating to the Status of Stateless Persons, Sept. 28, 1954, 360 U.N.T.S.117, available at <http://www.unhcr.org/3bbb25729.html>. As of 19 October 2012, there are 76 States Parties to this Convention. See Status of the Convention relating to the Status of Stateless Persons at: <http://treaties.un.org/ pages/ViewDetailsII.aspx?&src=UNTSONLINE&mtdsg_no =V~3&chapter=5&Temp=mtdsg2&lang=en>. 32 Id. at art 3. 33 Id. at art. 4. 34 Id. at art. 17-19. 35 Id. at art. 20-24. 36 Id. at art. 26. 37 Id. at art 27-28. 38 Id. at art. 32. 39 Id. at art. 31(1). 40 The 1951 Refugee Convention, Article I B.(2), as amended by the 1967 Protocol Article I 2, defines a “refugee” to include, in addition to those who have fled persecution in their country of nationality, any person “not having a nationality [who is] outside the country of his [or her] former habitual residence…” This provision was included specifically to address the protection needs of refugees who are stateless. 40 41 1961 Convention on the Reduction of Statelessness, Aug. 30, 1961, U.N.T.S. 989 [1961 Convention]. As of 19 October 2012, 48 States have become parties to this Convention. See Status of the Convention on the Reduction of Statelessness at: <http://treaties.un.org/ Pages/ViewDetails.aspx?src=TREATY&mtdsg_no=V4&chapter=5&lang=en>. 42 UNHCR, Preventing and Reducing Statelessness: The 1961 Convention on the Reduction of Statelessness, September 2010, available at: <http://www.unhcr. org/refworld/docid/4cad866e2.html>. 43 Division of International Protection, UNHCR, Information and Accession Package: The 1954 Convention relating to the Status of Stateless Persons and the 1961 Convention on the Reduction of Statelessness, Geneva: UNHCR, June 1996; Rev. Jan. 1999, at 13, ¶40 (emphasis added). 44 UNHCR, Objectives and Key Provisions of the 1961 Convention on the Reduction of Statelessness, <http://www.unhcr.org/3bd7d3914.html> (Oct. 1, 2001). 45 1954 Stateless Convention art. 1(1). The phrase “under the operation of its law” as used in the stateless definition is different from the legal term of art “by operation of law,” which refers more narrowly to an automatic creation of a legal right. In contrast, “under the operation of its law” is understood to have a broader meaning that includes both the lack of formal recognition of citizenship or nationality under the law as well as in the application of the law, “including for example customary rules and practices”. See, UNHCR, Expert Meeting: The Concept of Stateless Persons under International Law Summary Conclusions, Prato, Italy (May 27, 2010) (Prato Conclusions), at 3, ¶ 15. 46 International Law Commission, Commentary on the Draft Articles on Diplomatic Protection, 23 July 1999, A/54/10, ¶ 3 at 48-49, available at: <http:// untreaty.un.org/ilc/texts/instruments/english/commentaries/9_8_2006.pdf>. See, also, e.g., UNHCR, Expert Meeting: The Concept of Stateless Persons under International Law Summary Conclusions, Prato, Italy (May 27, 2010) at 2. 47 For example, no United States court has explicitly recognized the stateless definition as customary international law. 48 UNHCR Guidelines on Statelessness No. 1: The Definition of “Stateless Person” in Article 1(1) of the 1954 Convention relating to the Status of Stateless Persons (20 February 2012) (UNHCR Stateless Guidelines No. 1), ¶¶16-17, available at: <http://www.un- Citizens of Nowhere: