مجلة آفاق للأبحاث السياسية والقانونية
Volume 5, Numéro 1, Pages 91-104
2022-06-22

Factors Of Weakness And Shortcomings In The Geneva Convention Of 1951

Authors : Aly Salama Abdelaziz Hassan .

Abstract

Abstract The topic of the research aims to shed light on the most prominent shortcomings in the Geneva Refugee Convention of 1951 and the protocols amending it, as the treaty at that time was appropriate for the conditions experienced by countries after World War II , but now, the Geneva Convention of 1951 does not meet the minimum level of refugee protection for many reasons , The agreement contained contradictory and vague and loose Articles , Hence, some European countries exploit the ambiguity of the article to evade their obligations , Others exploit this ambiguity to explain the material in an interpretation consistent with its objectives Many articles of the convention included exceptions that deprived millions of refugees of the right to asylum despite the fulfillment of its conditions, Some articles of the agreement also placed restrictions on refugees with the aim of not equating them with citizens of the country , Whether by placing a condition that three years have passed since their residency, or stipulating that the refugee marry a citizen of the country, or that one of the refugee’s children obtain the nationality of the country. Therefore, this research aims to highlight the defects of the Geneva Convention and the ambiguity in its texts, and to clarify the contradictions between the texts and what must be amended in order for the Convention to keep pace with the contemporary situation of refugees.

Keywords

1- Geneva Convention 2- Refugee Protection 3- Refoulement 4- Asylum Crateria