UNHCR's ELIGIBILITY GUIDELINES FOR ASSESSING THE ...

A number of issues which are particularly relevant in the Iraqi context are highlighted
below. However, decision makers should always refer to UNHCR’s Guidelines and
Background Note on Exclusion 743 when considering the applicability of Article 1F.
Exclusion considerations may be triggered in any individual case if there are elements in
the applicant’s story that suggest that he or she may have been associated with criminal acts
that fall within the scope of Article 1F. In the context of Iraq, exclusion considerations may
be of particular relevance in the cases of Iraqis with certain backgrounds and profiles.
These would include, for example:
- The previous Ba’athist regime, its armed forces (in particular elite troops and
paramilitary forces), the police, the security and intelligence apparatus, and the
judiciary
- Members of armed groups opposing the former regime
- The current ISF
- Militias
- Insurgency groups
- Criminal groups.
It should be noted, however, that the fact that a person was at some point a member of the
former regime or a member of an organization involved in unlawful violence does not in
itself assign individual liability for excludable acts. An individualized assessment, based on
all relevant facts, is required in each case.
1. Acts Within the Scope of Article 1F
In cases where exclusion considerations arise, it is necessary to identify and assess the acts
which may bring the applicant within the scope of Article 1F. If such acts are identified, it
also needs to be determined whether there is credible and reliable information linking the
applicant to the acts in question. It should be recalled that Article 1F exhaustively
enumerates the types of crimes which may give rise to exclusion from international refugee
protection on account of the applicant’s conduct. 744
In the Iraq context, acts which may bring an applicant within the scope of Article 1F
occurred both before and after the fall of the regime of Saddam Hussein in 2003. There
have been several periods of armed conflict, both international and non-international.
Exlusion considerations may arise with regard to a variety of acts by many different actors.
In addition to possible violations of international humanitarian law, association with other
events in Iraq’s history might also give rise to exclusion. These events would include, for
example:
743 See above footnote 740.
744 More detailed guidance on the kinds of conduct which fall within the scope of Article 1F of the 1951
Convention can be found at paragraphs 23-49 of UNHCR’s Background Note on Exclusion, see above
footnote 741.
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