The 1951 Convention relating to the Status of Refugees is the key
document providing legal protection for refugees.
The Convention defines a refugee as a person who “as a result
of events occurring before 1 January 1951 and 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.”
The Convention provides protection to refugees by stipulating that
no state “shall expel or return (“refouler”) a
refugee in any manner whatsoever to the frontiers of territories
where his life or freedom would be threatened on account of his race,
religion, nationality, or membership of a particular social group
or political opinion”. This prohibition of refoulement has
become customary international law, and thus is binding on all states,
whether or not they are signatories to the Convention.
However, this prohibition of “refoulement” (the return
of a refugee to a territory where his life or freedom is in danger)
does not apply to persons who constitute a danger to the security
of the host country.
A person may lose his status as a refugee if: he voluntary re-avails
himself of the protection of the country of his nationality; having
lost his nationality, he voluntarily re-acquires it; he acquires
a new nationality and enjoys the protection of the country of his
new nationality; or if he can no longer, because the circumstances
in connection with which he has been recognized as a refugee cease
to exist, continue to refuse to avail himself of the protection of
the country of his nationality.
The Convention also stipulates that a person may not receive refugee
status if he has committed a crime against peace, a war crime, a
crime against humanity, a serious non-political crime outside the
country of refuge, or if he has been guilty of acts contrary to the
principles of the United Nations. Additionally, a person who is continuing
to take part in military activities is not eligible for refugee status,
although a former soldier may be eligible.
The Convention also outlines duties of refugees to the country
in which they take refuge, including the obligation to follow that
country’s laws and regulations.
The 1967 Protocol to the 1951 Convention
The 1951 Convention was designed to protect mainly European refugees
in the aftermath of World War II, and therefore contained a provision
that the Convention only applied to persons who had become refugees
before 1 January 1951. States were also allowed to stipulate that
they would apply the Convention only to refugees from Europe. However,
as forced displacement continued to occur around the world after
1951, states signed a protocol to the 1951 Convention, known as the
1967 Protocol, which removed the spatial and temporal restrictions
of the original Convention, so that the protections provided by the
Convention would apply to all refugees, regardless of where they
were from or when they became refugees.
Read the 1951 Convention Relating to the Status of Refugees and
its 1967 Protocol
The Guiding Principles on Internal Displacement
The Guiding Principles on Internal Displacement define internally
displaced persons (IDPs) as “persons or groups of persons who
have been forced or obliged to flee or to leave their homes or places
of habitual residence, in particular as a result of or in order to
avoid the effects of armed conflict, situations of generalized violence,
violations of human rights or natural or human-made disasters, and
who have not crossed an internationally recognized State border.”
Internally displaced persons (IDPs), who may flee their homes under
the same circumstances as persons who cross international borders
and become refugees, remain within the territory of their own state,
and thus it remains the primary responsibility of the state to protect
and assist them.
The Guiding Principles on Internal Displacement identify the rights
and guarantees relevant to the protection of internally displaced
persons in all phases of displacement. Among other rights, the Principles
state that all persons have the right to protection from arbitrary
displacement; that when displacement occurs, proper accommodation
shall be provided to the displaced persons, and the displacement
shall last no longer than is required by the circumstances; IDPs
have the right to choose their residence and to move freely in and
out of camps and settlements; IDPs have the right to leave the country
and seek asylum in another country; and IDPs have the right to be
protected from forcible return to or resettlement in any place where
their lives or liberty are endangered
Although the Guiding Principles do not constitute binding international
law, they reflect and are consistent with international human rights
and humanitarian law and refugee law. The Principles provide guidance
to the Representative of the Secretary General on Internally Displaced
Persons, states, and intergovernmental and non-governmental organizations
for addressing problems of internal displacement.
Read
the Guiding Principles on Internal Displacement
International Humanitarian Law
International humanitarian law (IHL) is a set of rules which seek,
for humanitarian reasons, to limit the effects of armed conflict.
International humanitarian law is also known as the law of war or
the law of armed conflict. The Geneva Conventions and their Additional
Protocols form the core of international humanitarian law. They protect
persons who are not or are no longer participating in hostilities
and restrict the means and methods of warfare.
The seven basic rules of international humanitarian law are:
1. Persons who do not or no longer take a direct part in hostilities
are entitled to respect for their lives and their moral and physical
integrity. They shall in all circumstances be protected and treated
humanely without any adverse distinction.
2. It is forbidden to kill or injure an enemy who surrenders or who is no longer
taking part in hostilities (such as wounded soldiers).
3. The wounded and sick shall be collected and cared for by the party to the
conflict which has them in its power. Medical personnel, establishments, transports
and equipment shall also be protected. The emblem of the red cross or the red
crescent is the sign of such protection and must be respected.
4. Captured combatants and civilians under the authority of an adverse party
are entitled to respect for their lives, dignity, personal rights and convictions.
They shall be protected against all acts of violence and reprisals. They shall
have the right to correspond with their families and to receive relief.
5. Everyone shall be entitled to benefit from fundamental judicial guarantees.
No one shall be held responsible for an act he has not committed. No one shall
be subjected to physical or mental torture, corporal punishment or cruel or
degrading treatment.
6. Parties to a conflict and members of their armed forces do not have an unlimited
choice of methods and means of warfare. It is prohibited to employ weapons
or methods of warfare of a nature to cause unnecessary losses or excessive
suffering.
7. Parties to a conflict shall at all times distinguish between the civilian
population and combatants in order to spare civilian population and property.
Neither the civilian population as such nor civilian persons shall be the object
of attack. Attacks shall be directed solely against military objectives.
Read the Geneva Conventions and their Additional Protocols
