Ekin Deniz UZUN
Abstract
After 7 October 2023, already problematic Palestinian– Israeli ties turned into a catastrophe. Some legal issues have arisen because of the impossibility of departure from the Gaza Strip and the difficulties Palestinians in Gaza have experienced in receiving protection from the United Nations Relief and Works Agency for Palestine Refugees (UNRWA) because of ongoing bombardment. To explain the dire circumstances in Gaza and the difficulties of receiving aid from UNRWA, this Article turns its attention to Advocate General Nicholas Emiliou for C-563/22 of the Court of Justice of the European Union. Advocate General Emiliou explains why Palestinian refugees can seek protection elsewhere besides the UNRWA. Suppose that, in a relevant asylum application, the Palestinian applicant could argue that UNRWA’s protection has ended, given the continuing undignified living conditions in the Gaza Strip. In that case, we must consider if it is feasible for the person concerned to get protection elsewhere. First, this Article walks readers into history to identify the root causes of the Palestine–Israel conflict. Second, pondering the opinion of the Advocate General and the relevant international legal regulations, this article explains where and by whom protection can be anticipated for Palestinian refugees other than UNRWA. This Article settles that the reluctance of some states to protect refugees puts Palestinians’ protection claims in jeopardy.
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