CYIL vol. 13 (2022)

CYIL 13 ȍ2022Ȏ

IRO: UNACCOMPANIED CHILDREN AND THEIR INTERESTS

3.5 Development of the definition The definition of refugees and displaced persons enshrined in Annex I could have been perceived as a singular whole or the sum of its components. Even in the latter case, those components seemed to interact in an uncomplicated manner. As shown above, the definition of unaccompanied children, in contrast, was contingent on further distinct supplementary components. The final component of the definition required the establishment of a necessary connection: only unaccompanied children who presumably belonged to one of the listed categories of refugees or displaced persons were eligible for protection under the IRO’s mandate. 48 The first section of the Annex I definition of refugees was sufficiently comprehensive. Included therein were victims of nazi or fascist regimes, regimes that sided with the Axis powers as well as other sympathizing regimes that fought against the Allies. 49 The definition also comprised Spanish Republicans and other victims of the Falange notwithstanding their international status. 50 Furthermore, the definition covered persons who were, on the grounds of their racial, religious, national, and political affiliations, considered refugees pursuant to international agreements or ad hoc non-binding arrangements concluded before WorldWar II. 51 The second section concerned refugees who, after the outbreak of the war, were unable or unwilling to avail themselves of the protection of their present or former national governments. 52 The third section further classified as refugees persons who, having resided in Germany or Austria, and being of Jewish origin or foreigners or stateless persons, were victims of nazi persecution and were detained in, or were obliged to flee from, and were subsequently returned to, one of those countries […], and have not yet been firmly resettled therein . 53 The Annex I definition of a “displaced person” referred to an individual who, on account of the exploits of nazi, fascist, and other collaborating regimes, was deported from or forced to leave their country of origin. The purposes of such expatriations frequently involved performance of forced labor and prosecution for racial, religious, or political reasons. 54 In addition to the positive parts of the definition, Annex I also offered, by way of exclusion clauses, a negative delimitation of individuals who were to be prevented from attaining the status of a refugee or displaced person. Thereby excluded from international protection under the IRO mandate were war criminals, 55 traitors, and collaborators; persons who prosecuted civilian populations of or assisted the enemy against the Allies as well as ordinary criminals. Due to the German nation having been declared the enemy, the fourth paragraph of the

48 ECOSOC report 49: “(f ) children in respect of whom there exists a presumption that they belong to one of the categories of refugees or displaced persons on whose account IRO was established.” 49 CIRO Annex I, Part I, Section A – Definition of Refugees, para 1(a).

50 Ibid para 1(b). 51 Ibid para 1(c).

52 Ibid para 2. 53 Ibid para 3. 54 CIRO Annex I, Part I, Section B – Definition of Displaced Persons.

55 See Agreement for the Prosecution and Punishment of the Major War Criminals of the European Axis, and Charter of the International Military Tribunal (adopted and entered into force 8 August 1945) 82 UNTS 280 (Nuremberg Charter) art 6.

115