Exclusion from refugee status: article 1F(c) of the Refugee Convention and the purposes and principles of the United Nations

Sivakumaran, Sandesh

Abstract

Article 1F(c) of the Refugee Convention provides that an individual is to be excluded from the benefits afforded by refugee status if ‘there are serious reasons for considering that ... he has been guilty of acts contrary to the purposes and principles of the United Nations’. This phrase has proven difficult to interpret, not least because of the differing views on its meaning at the time of drafting, and the lack of another body of law to which article 1F(c) can attach. Accordingly, different states have found that different acts fall within the provision. This assessment is largely carried out on a case-by-case basis and in an unstructured manner. This article explores the acts that have been held to fall within article 1F(c) - primarily human rights violations, terrorism, and attacks on UN personnel - and critiques some of the thorny legal issues to which these acts have given rise. It then offers a framework for assessing whether a particular act falls within article 1F(c).

Citation

Sivakumaran, S. (2014). Exclusion from refugee status: article 1F(c) of the Refugee Convention and the purposes and principles of the United Nations. International Journal of Refugee Law, 26(3), 350-381. doi:10.1093/ijrl/eeu031

• Journal Article Type: Article
• Acceptance Date: Jul 14, 2014
• Online Publication Date: Aug 21, 2014
• Publication Date: Oct 1, 2014
• Deposit Date: May 14, 2018
• Print ISSN: 0953-8186
• Electronic ISSN: 1464-3715
• Publisher: Oxford University Press
• Peer Reviewed: Peer Reviewed
• Volume: 26
• Issue: 3
• Pages: 350-381
• DOI: https://doi.org/10.1093/ijrl/eeu031
• Public URL: http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2456421
• Publisher URL: https://academic.oup.com/ijrl/article/26/3/350/1589033