مفهوم القانون الدولي للاجئين

Abstract

The protection of a citizen is the responsibility of the country of origin whose nationality he holds. But when he loses this protection for various reasons, and his country is unable or unwilling to provide it, and his parents have a well-founded fear of being persecuted, then he is forced to flee from his country of origin to another country in order to obtain safety and preserve his life. In this case, the responsibility for his protection is transferred from his country of origin to the international community, and this is known as the international protection for refugees, or the temporary alternative to national protection, which is available to a person when he loses the protection of his country of origin or in the event of its termination. In order to ensure that refugees enjoy international protection, states must accede to international and regional conventions related to refugees, and monitor their implementation according to their obligations under those conventions. Among the most important principles stipulated in these charters are the principle of non-refoulement, the principle of non-expulsion, and the treatment of refugees in accordance with humanitarian standards.

The United Nations High Commissioner for Refugees (UNHCR) defines international protection for refugees as (intervention operations by states, or the Office of the United Nations High Commissioner for Refugees, on behalf of asylum seekers and refugees, in order to ensure recognition of their rights, security, safety, and protection in accordance with international standards. These interventions include ensuring respect for the principle of non-refoulement, allowing refugees access to safety, facilitating their access to fair refugee status determination procedures, applying humane standards of treatment, and implementing durable solutions.

Based on that, it can be said that international protection for refugees is a means to ensure the recognition of the basic rights of refugees. This protection is one of the responsibilities of the international community in the event that the protection of the country of which they hold the nationality is not available, and to ensure the minimum level of security and safety for them, taking advantage of international texts, especially if neglect appears, the lack of concern for the refugees by the countries of asylum, and the failure to provide them with the required protection in the appropriate way. Anyways, the reason for slowness and lack of interest on the part of the countries of asylum is their unwillingness to provide assistance for various reasons, including economic, social, political, or others.