The principle of non-refoulement is a part of customary international law and is therefore binding on all States, whether or not they are parties to the Geneva Refugee Convention Protocol.
Subsequently, does non-refoulement apply to migrants?
The Principle of Non-Refoulement
The Protocol extends the Convention’s protections to all refugees irrespective of the location or date of their displacement, and importantly, requires its 146 States Parties (among them the United States) to abide by the Convention regardless of whether they are separately party to it.
Herein, is non-refoulement A international law?
UNHCR is of the view 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.
Is non-refoulement jus cogens?
It is a principle of customary international law, as it applies even to states that are not parties to the 1951 Convention Relating to the Status of Refugees or its 1967 Protocol. It is also a principle of the trucial law of nations. It is debatable whether non-refoulement is a jus cogens of international law.
Is the Refugee Convention customary international law?
41 Applying these criteria, most legal scholars have concluded that customary international law prohibits refoulement for any persons who would qualify for protection under the Refugee Convention, the Refugee Protocol, and the Torture Convention.
What are examples of customary international law?
Customary international law results from a general and consistent practice of states that they follow from a sense of legal obligation. Two examples of customary international laws are the doctrine of non-refoulement and the granting of immunity for visiting heads of state.
What are the exceptions to the principle of non-refoulement?
The 1951 Convention on Article 33 (2) consecrates two exceptions to the principle of Non-Refoulement: (i) in case of threat to the national security of the host country; and (ii) in case their proven criminal nature and record constitute a danger to the community.
What is a non-refoulement obligation?
Non-refoulement encompasses obligations not to return a person to a place where they may face torture or cruel, inhuman or degrading treatment or punishment, and not to expel a refugee to a place where their life or freedom would be threatened.
What is a refugee international law?
According to the United Nations Convention relating to the Status of Refugees, as amended by its 1967 Protocol (the Refugee Convention), a refugee is a person who is outside their own country and is unable or unwilling to return due to a well-founded fear of being persecuted because of their: race. religion.
What is a refugee under international law?
International law defines refugee as an individual, who fears persecution, or has a well-founded fear or persecution, based on his or her race, religion, nationality, political opinion, or membership in a particular social group.
Who are considered refugees under international law?
The 1951 Refugee Convention is a key legal document and defines a refugee as: “someone who is unable or unwilling to return to their country of origin owing to a well-founded fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group, or political opinion.”