UNHCR's ELIGIBILITY GUIDELINES FOR ASSESSING THE ...

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