The Importance Of Refoulement In International Law

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In International law, states have the right to decide whether or not to allow entry to aliens. Nevertheless, foreigners arriving at the borders or in the territory of a state must be treated humanely and must not be forced to return to the country where they may have to face inhuman and degrading treatment. This principle is known as non-refoulement or the right not to be returned to a country of persecution, and has been described as “the undisputed cornerstone of refugee law”. The principle is applicable to any refugees, asylum-seekers or aliens who need some form of shelter from the state where they might have to face serious violations of human rights.
This principle has been codified in Article 33 of the 1951 Refugee Convention and has also found place in international law, in human rights treaties and in international customary law. However, despite receiving such wide recognition, there is no clarity on the point as to what should be the precise content of the principle. The principal element of non-refoulement is that a refugee or
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It is generally accepted that the prohibition of refoulement of refugees, as enshrined in Article 33 of the 1951 Convention and complemented by non-refoulement obligations under international human rights law, satisfies these criteria and constitutes a rule of customary international law. In the sixth session of the Executive Committee of the High commissioner’s programme, it was noted that the fundamental principle of non- refoulement is an overriding legal principle having a normative character independent of international instruments. Being a part of customary international implies that principle of non-refoulement in the context of refugees entails two

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