II.3.1 Temporary Protection

    Main Debates How adequate is the practice of individualized examination for refugee status? Are there legally binding norms for temporary protection or is it a matter of discretionary state practice? What should be the duration of temporary protection? What level of rights must be accorded to those granted temporary protection? Main Points Temporary protection as an administrative measure until individual examination is carried out or group recognition occurs Temporary protection is a precursor, not an alternative, to 1951 Geneva Convention protection Temporary protection does not suspend states’ duties under the 1951 Geneva Convention and other human rights treaties UNHCR Documents UNCHR, ‘Note on International Protection’, UN doc. A/AC.96/830, 7 September 1994, paras. 45–51. Readings Core G. Goodwin-Gill and J. McAdam, The Refugee in International Law (Oxford: Oxford University Press, 2007), pp. 340–342. [G. Goodwin-Gill, The Refugee in International Law (Oxford: Oxford University Press, 1996), pp. 196–202.] Extended J. Fitzpatrick, ‘Temporary Protection of Refugees: Elements of a Formalized Regime’, American Journal of International Law, vol. 94, no. 2 (April 2000), pp. 279–306.