Protection of refugees in the refugee camps: perspectives on human rights obligations and implied powers of the UNHCR

Abstract

When international human rights law and humanitarian law cannot exert a prominent effect on the protection of refugees inside refugee camps, they fall into a situation of "legal limbo". This article explores the human rights obligations of international organisation such as the UNHCR, and discusses why international organisations can be required to have such obligations and whether they should be. As a subsidiary organ of the UN and as an independent entity with powers implied in its Statute, the UNHCR is capable of holding human rights obligations to provide international refugee protection. The final part of this article touches upon the challenges of accountability mechanisms faced by the UNHCR when its global partners, such as the UN peacekeeping forces, fail to uphold their mandate. While the UNHCR has the capability and responsibility to uphold its human rights obligations, its inability to improve accountability mechanisms exposes its weakness as a quasi-state.