REFUGEE LAW
The
term “refugee” shall also apply to every person who, owing to
external
aggression, occupation, foreign domination, or events seriously
disturbing
public order in either part or the whole of his country
of
origin or nationality, is compelled to leave his place of habitual residence
in
order to seek refuge in another place outside his country of
origin or nationality.
Instruments
of Refugee Law
- Convention
Relating to the Status of Refugees (1951)
- Protocol
Relating to the Status of Refugees (1967)
- OAU
Convention Governing the Specific Aspects of Refugee Problems in Africa (1969)
- Acuerdo de Cartagena (1984)
Citizens
traveling in other countries who found themselves in trouble could appeal to
their governments for help, and the government, usually through its embassy or
consulate, could protect its citizens. That was an important exercise of
national sovereignty; in fact, there was a general understanding (though never
codified in international law) that intervention in another state to protect
one’s own nationals constituted a legitimate use of force
The1951
UN convention provided the following definition of “refugee”:
Any
person who, owing to a 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, 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, is unable or, owing to
such fear, is unwilling to return to it. Refugee protection does not extend to
persons who have committed a crime against peace, a war crime, or a crime
against humanity; a serious non-political, crime outside the country of refuge;
or acts contrary to the purposes and principles of the United Nations. However,
those who have committed such crimes, although ineligible for refugee status,
do have rights under international human rights law and international
humanitarian law.
