UNHCR's Contribution to the Development of International Refugee Law: Its Foundations and Evolution

Abstract

UNHCR stated in its 2000 Note on International Protection that ‘the nature and content of UNHCR's international protection function has come under increasing scrutiny. The Office is frequently asked what its international protection mandate actually entails’. This article examines an essential aspect of UNHCR's international protection mandate, its responsibility to contribute to the development of international refugee law. While a number of authors have acknowledged that UNHCR's protection function involves the development of international refugee law, there has been relatively little examination of this role. This article builds upon the previous scholarly work in this area by considering the evolution in UNHCR's role. When UNHCR was created, it was assigned certain responsibilities that permitted it to play a crucial role in the development of international refugee law. These responsibilities essentially concerned international treaties, which were considered, at the time, to be crucial instruments for ensuring the international protection of refugees. However, international treaty formation is no longer the primary means for the development of international refugee law. As a reflection of this change, UNHCR's statutory mandate has been supplemented through General Assembly resolutions and EXCOM conclusions in a manner that ensures that UNHCR continues to play a key role in the growth and refinement of international refugee law. In addition, UNHCR's contribution to a second source of international law, customary international law relating to refugees, has become increasingly important. The article concludes that UNHCR's present responsibilities related to the development of international refugee law have firm foundations in UNHCR's international protection mandate. This mandate has evolved during UNHCR's more than fifty years of existence. Such evolution has been necessary to permit UNHCR to adapt to the changing context of the formation of refugee law and thereby remain a crucial and unique contributor to the development of international refugee law.