Does 'Undeserving' last forever

This paper examines the enduring consequences of refugee exclusion under Article 1F(a) of the Refugee Convention for individuals associated with core international crimes (CICs), focusing on two groups: acquitted or sentenced former international defendants, and excluded but unprosecuted asylum-seekers at the domestic level. It argues that the interaction between international refugee law (IRL) and international criminal law (ICL) creates a structural mismatch. This mismatch, combined with a persistent “enemy of mankind” narrative, condemns individuals to prolonged legal limbo, often without prosecution, removal, or access to residence rights. The paper critiques the assumption that association with CICs justifies permanent exclusion, highlighting how security rationales and stigma overshadow individualized assessments and evidence of rehabilitation. Against this backdrop, it proposes conceptualising a “right to start over” (RTSO), grounded in human dignity. Two normative foundations support this right: EU law protections of family life and residency, and the European Court of Human Rights’ recognition of a “right to hope” under Article 3 ECHR. The paper concludes by advocating concrete solutions: resettlement mechanisms for acquitted or released international defendants, and leave-to-remain regimes for excluded but unprosecuted individuals. It argues that “undeservingness” should not be permanent, and that redemption must have a place within both refugee protection and international criminal justice.