UNHCR's ELIGIBILITY GUIDELINES FOR ASSESSING THE ...
UNHCR's ELIGIBILITY GUIDELINES FOR ASSESSING THE ...
UNHCR's ELIGIBILITY GUIDELINES FOR ASSESSING THE ...
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groups (pre-2003) or insurgency or criminal groups or militias (post-2003) may fall within<br />
the scope of Article 1F(b). 769<br />
4. Acts Contrary to the Purposes and Principles of the United Nations (Article<br />
1F[c])<br />
In UNHCR’s view, acts contrary to the purposes and principles of the United Nations as<br />
provided for in Article 1F(c) must have an international dimension and be capable of<br />
affecting peace, security and peaceful relations between States. In principle, only persons<br />
holding most senior positions of power may fall within the scope of this provision. For<br />
example, the UN Security Council (UNSC) considered Iraq’s invasion in Kuwait in 1990 as<br />
a “breach of international peace and security.” 770 Also, the violent suppression of the<br />
popular uprisings in the aftermath of the Gulf War in 1991, which led to massive<br />
displacement to neighbouring countries, in particular Turkey and Iran, was condemned by<br />
the UNSC as a threat to international peace and security in the region. 771 It should be noted,<br />
however, that most acts which, on account of their gravity and impact on the international<br />
plane, come within the scope of Article 1F(c) of the 1951 Convention would also meet the<br />
requirements of Article 1F(a) or (b). 772<br />
5. Individual Responsibility<br />
a) Basis for Incurring Individual Responsibility<br />
Exclusion on the basis of Article 1F of the 1951 Convention requires a finding of serious<br />
reasons for considering that the applicant incurred individual responsibility for excludable<br />
acts. For this to be established, it must be determined based on credible and reliable<br />
information that he or she committed, or participated in the commission of, the material<br />
elements of the crime(s) in question with the requisite mental element (mens rea). 773<br />
Depending on the circumstances, a person may incur individual responsibility by<br />
perpetrating excludable crimes him or herself; by inducing others to commit such crimes<br />
(for example, through planning, inciting, ordering); or by making a substantial contribution<br />
to the commission of crimes by others in the knowledge that his or her acts facilitated the<br />
criminal conduct (for example, through aiding or abetting, or by participating in a joint<br />
criminal enterprise). 774 Under certain circumstances, applicants who held a position of<br />
authority within a civilian or military hierarchy may also be held responsible and incur<br />
769<br />
For a more detailed discussion, see: UNHCR, Background Note on Exclusion, at paragraphs 37-45, see<br />
above footnote 741.<br />
770<br />
UNSC, Resolution 660 (1990), 2 August 1990, available in UNHCR’s Refworld at:<br />
http://www.unhcr.org/cgi-bin/texis/vtx/refworld/rwmain?docid=3b00f12240.<br />
771<br />
UNSC, Resolution 688 (1991), 5 April 1991, available in UNHCR’s Refworld at:<br />
http://www.unhcr.org/cgi-bin/texis/vtx/refworld/rwmain?docid=3b00f16b30.<br />
772<br />
See UNHCR, Background Note on Exclusion, at paragraphs 46-49, see above footnote 741.<br />
773<br />
As reflected in Article 30 of the ICC Statute, the mental element generally required for individual<br />
responsibility is “intent” (with regard to conduct or consequences) and “knowledge” (with regard to<br />
circumstances or consequences); see UNHCR, Background Note on Exclusion, at paragraph 64, see above<br />
footnote 741.<br />
774<br />
See UNHCR, Background Note on Exclusion, at paragraphs. 50-56, see above footnote 741.<br />
147