The Refugees Convention sets out who is a refugee and the legal protection, other assistance and social rights he or she should receive from State parties to the Convention. A ‘refugee’ is defined as a person who: Owing to well-founded fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group or political opinion, is outside the country of his nationality and is unable, or owing to such fear, is unwilling to avail himself of the protection of that country; or who, not having a nationality and being outside the country of his former habitual residence as a result of such events, is unable or, owing to such fear, is unwilling to return to it.124 Article 1F excludes from the application of the Refugees Convention persons with respect to whom there are serious reasons for considering as perpetrators of gross human rights violations and serious non-political crimes.125 Serious acts of terrorism would, notwithstanding any underlying political motive, generally be encompassed by the latter.126 Where a person has grounds for claiming refugee status, but where there are also reasons for suspecting them to be a terrorist in circumstances where Article 1F may be invoked, the Advisory Council considers that they should nevertheless have access to fair status determination procedures to assess their claim to refugee status and to assess whether they come within the exclusions. The Office of the UNHCR has stressed that refugee status determination procedures in place to deal with suspected terrorists must comply with minimum standards of due process, ensuring that decisions are taken by those knowledgeable and qualified to make refugee determinations, with review possibilities built in.127 123 124 S/RES/1373 (2001) Threats to international peace and security caused by terrorist acts. Article 1(2), Refugees Convention. 125 Article 1F provides as follows: The provisions of this Convention shall not apply to any person with respect to whom there are serious reasons for considering that. (a) He has committed a crime against peace, a war crime, or a crime against humanity, as defined in the international instruments drawn up to make provision in respect of such crimes; (b) He has committed a serious non-political crime outside the country of refuge prior to his admission to that country as a refugee; (c) He has been guilty of acts contrary to the purposes and principles of the United Nations. 126 This follows from the fact that extradition clauses of some conventions on terrorism have abolished the political offence exception. See IBA International Terrorism: Legal Challenges and Responses (October 2003) 86.. Relevant provisions are Article 14, Draft Terrorism Convention, Article 11 Terrorist Bombings Convention, Article 14, Financing of Terrorism Convention. The IBA report says that especially violent acts of terrorism are in any case likely to fail the proportionality test used in many jurisdictions to define political offences. The report also notes that the September 11 attacks on the World Trade Centre arguably constituted a crime against humanity and therefore those involved would fall within the scope of article 1F. 68