The Obligations of States Towards Refugees Under International Law: Some Reflections on the Situation in Lebanon

The situation facing Lebanon and other States in the broader Middle East because of the refugee crisis is cause for concern. Lebanon in particular carries a disproportionate burden for the protection of Syrian and Palestinian refugees, taking into account the country’s size and resources. Lebanon has an estimated population of 6,2 million, of which 1.5 million are refugees. The UN Secretary- General stated in his latest UNIFIL Report that as of 31 December 2015, 1,069,111 Syrians were registered with the UNHCR. Moreover, about 450,000 Palestinians are registered with the UN Relief and Works Agency (UNRWA). It is therefore obvious that the effective protection of the Syrian refugees requires a concerted international action and burden-sharing by the international community.

The Conference on Syria that took place in London in February 2016, pledged in total $11 billion for assistance in the region for 2016, and further $5.4 billion for the period 2017-2020. Lebanon requested $4.9 billion for 2016 in order to cover the cost of the Lebanon Crisis Response Plan. The situation of refugees in the Middle East is complex inter alia because of legal uncertainties. International treaties, for instance, are binding on States, if they ratify them according to their constitutional procedures. The 1951 Geneva Convention Relating to the Status of Refugees (hereinafter: Geneva Convention, or Convention), which is the core international instrument of refugee protection, does not enjoy broad recognition in the Middle East. The Convention has been ratified by 145 of the 193 Member States of the United Nations so far. However, Lebanon, Jordan, Syria, Iraq, Saudi Arabia, and the United Arab Emirates are not among the Contracting States, whilst Turkey recognizes only refugees as result of events that have occurred in Europe. Therefore, Turkey is not formally bound by the Geneva Convention with regard to Syrian, Iraqi, or Afghan refugees.

The main purpose of the current study is to discuss the obligations of States towards refugees under international law, and to argue that States have obligations towards refugees regardless of the ratification of the Geneva Convention. The ratification of the Convention is not expected to impact the host societies disproportionately, but, on the contrary, would raise the international profile of the respective States, strengthen the voices of those who advocate for more humanitarian aid in support for Lebanon and for the region, and motivate more donors to contribute to these efforts.