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Journal articles on the topic 'The principle of non-refoulement'

Author: Grafiati

Published: 4 June 2021

Last updated: 17 June 2025

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1

Ernawati, Ninin. "The Dilemma of Australian Pacific Solution: The Non-Refoulement Principle Versus National Security." PADJADJARAN Jurnal Ilmu Hukum (Journal of Law) 06, no. 02 (2019): 340–60. http://dx.doi.org/10.22304/pjih.v6n2.a7.

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The Australian Government has issued various policies to deal with refugees. One of the policies is the Pacific Solution and it is considered as a manifestation of national security principles. On one hand, the policy against the non-refoulement principle, which is the central principle of the refugee convention and Australia is one of the states that ratified the 1951 Refugee Convention. Obviously, Australia should not violate the non-refoulement principle. On the other hand, Australia has experienced a dilemma between prioritizing its interests and fulfilling international obligation to prot

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Ernawati, Ninin. "The Dilemma of Australian Pacific Solution: The Non-Refoulement Principle Versus National Security." PADJADJARAN Jurnal Ilmu Hukum (Journal of Law) 06, no. 02 (2019): 340–60. http://dx.doi.org/10.22304/pjih.v6n2.a7.

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The Australian Government has issued various policies to deal with refugees. One of the policies is the Pacific Solution and it is considered as a manifestation of national security principles. On one hand, the policy against the non-refoulement principle, which is the central principle of the refugee convention and Australia is one of the states that ratified the 1951 Refugee Convention. Obviously, Australia should not violate the non-refoulement principle. On the other hand, Australia has experienced a dilemma between prioritizing its interests and fulfilling international obligation to prot

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3

Brilianto, M. Andhika Fikri, Anwar Hanifuddin Fikri, and Ika Kurnia Hardianty. "Kedudukan Pengungsi Taliban di Indonesia Ditinjau dari Asas Non-Refoulement." JURNAL USM LAW REVIEW 5, no. 1 (2022): 299. http://dx.doi.org/10.26623/julr.v5i1.4142.

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<p>The purpose of this study is to describe the principle of Non-Refoulement, whether the application of the principle of Non-Refoulement is absolute or not, how urgent it is for Indonesia to apply the principle of Non-Refoulement, and how the position of Afghan refugees in Indonesia when viewed from the principle of Non-Refoulement and whether there are any sanctions obtained by Indonesia if it expels Afghan refugees from its territory. What is interesting to study is how the position of the Taliban refugees in Indonesia is viewed from the principle of Non-Refoulement, because the exist

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4

Dermawan, Kayla Daffanya Putri, and Diani Sadiawati. "Implementation of Non-Refoulement Principles in Legislation as Protection of Refugees in Indonesia." Jurnal Mahkamah : Kajian Ilmu Hukum dan Hukum Islam 8, no. 2 (2023): 137–50. http://dx.doi.org/10.25217/jm.v8i2.3968.

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This article is about the implementation of the principles of non-refoulement related to refugee protection in Indonesia, the problem is that Indonesia still has not ratified the 1951 convention and the 1967 additional protocol, this has an impact on refugees who come to Indonesia. The purpose of this article is to see how the implementation of the principles of non-refoulement in Indonesian legislation, then to analyze the challenges and dynamics of refugees in Indonesia. The method used in this article is normative method, the type of analysis used is qualitative, the type of this article is

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Gunawan, Yordan, Abdullah Teguh Thamrin Rettob, and Kevin Kalagita. "The Analysis of Non-Refoulement Principle towards Rohingya Refugees in Bangladesh." Lambung Mangkurat Law Journal 5, no. 1 (2020): 13. http://dx.doi.org/10.32801/lamlaj.v5i1.138.

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Abstract: Crime against humanity is still happening in some parts of the world for several reasons, includes the conflict of interest, politics as well as religion. It makes the victims like the Rohingya ethnic have to flee for finding peace and a secure place to survive. Non-Refoulement Principle which stated in 1951 Refugee Convention is being an important principle as the tools to protect the refugee and stateless person. In the Rohingya case, Bangladesh has argued about the ‘security problem’ of Rohingya’s pose, and Bangladesh also stated it became an important reason in sending the Rohing

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6

Rioseco Vallejos, Valentina. "Non-Incorporation of the Principle of Non-Refoulement in the Chilean Immigration and Aliens Law." Human Rights in the Global South (HRGS) 2, no. 1 (2023): 1–22. http://dx.doi.org/10.56784/hrgs.v2i1.51.

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This paper critically analyses the non-incorporation of the principle of non-refoulement in the Chilean Immigration and Aliens Law 21.325 of 20 April 2021. It was published in the context of migratory pressures within the Latin American region, deriving mainly from the Venezuelan socio-political crisis. It was also published after the recommendations given by the CMW in the last two periodic reviews of 2011 and 2021 to update the previous version dictated during the Pinochet dictatorship. As a state party to the core international human rights treaties and the American Convention on Human Righ

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Almuhaisen, Raghad. "Non-Refoulement of Refugees in International Law." Al-Zaytoonah University of Jordan Journal for Legal Studies 3, no. 3 (2022): 175–94. http://dx.doi.org/10.15849/zujjls.221130.09.

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Abstract The principle of non-refoulement is considered one of the basic principles in the international refugee law, as it protects the refugees from falling at the hands of the authorities persecuting them. The rights that the refugees enjoy according to the international conventions is considered as obligations over the refugees’ host State. The most important of which are: Right to protection against refoulement and constraining the host State’s authority regarding the expulsion of the refugee. The international refugee law rejects the expulsion of the refugee. Also, the principle of Non R

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8

Syahrin, Muhammad Alvi. "The Principle of Non-Refoulement as Jus Cogens: History, Application, and Exception in International Refugee Law." Journal of Indonesian Legal Studies 6, no. 1 (2021): 53–82. http://dx.doi.org/10.15294/jils.v6i1.43350.

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The existence of the principle of non-refoulement is a necessity and has been institutionalized in the various international legal instruments such as conventions, declarations and in customary international law. Non-refoulement principle is a fundamental concept and considered as the backbone for the entire international refugee legal system. That principle is an international legal norm that has been recognized and affirmed by the international community in multilateral international conventions and other relevant international legal instruments. This principle is very basic in the internati

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9

El-MohtadyBellah, Ahmed. "The Legal Dimensions of the Principle of Non-refoulement in International Law." International Review of Law 9, no. 1 (2020): 53–96. http://dx.doi.org/10.29117/irl.2020.0092.

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The article deals with the principle of non-refoulement, which is widely recognized as indispensable for providing an effective international protection for refugees. Considering the fact that the right to asylum remains within the discretion of the receiving State, some exceptions to this principle have been recognized in the 1951 Convention relating to the Status of Refugees. Although the principle of non-refoulement was adopted by an international convention (the 1951 Convention), it has considerably developed since then until it became a part of customary international law. This means that

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Reeh, Greta. "Rejection at the Frontier and Human Rights – the UN Treaty Bodies and European Practice." Zeitschrift für ausländisches öffentliches Recht und Völkerrecht / Heidelberg Journal of International Law 82, no. 2 (2022): 449–64. http://dx.doi.org/10.17104/0044-2348-2022-2-449.

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The principle of non-refoulement is often described as the cornerstone of refugee law. It prohibits States from expelling people from their territories to States where their life or freedom would be threatened. The principle of non- refoulement is, however, not only enshrined in refugee law. The United Nations Human Rights Treaty Body System has developed a protection from refoulement that is considerably broader than the protection granted under international refugee law. It is also broader than the human rights protection provided by the ECtHR. This article will show that the UN Treaty Bodie

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Heriyanto, Dodik Setiawan Nur, Sefriani Sefriani, and Fezer Tamas. "No Choice but Welcoming Refugees: The Non-Refoulement Principle as Customary International Law in Indonesia." Lentera Hukum 10, no. 1 (2023): 135. http://dx.doi.org/10.19184/ejlh.v10i1.37920.

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The non-refoulement principle requires each country to consider refugees and asylum seekers in their country of origin if they are subject to persecution and threaten their lives. As a geographically strategic country, Indonesia has been a significant crossroad for international refugees and asylum seekers often consider Indonesia their temporary destination. Moreover, the complex situation of international refugees has encouraged to reinterpret of the principle of non-refoulement into various national measures and domestic policies, given that Indonesia is deemed a transit country for refugee

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12

Riyanto, Sigit. "Prinsip Non-Refoulement dan Relevansinya dalam Sistem Hukum Internasional." Mimbar Hukum - Fakultas Hukum Universitas Gadjah Mada 22, no. 3 (2012): 434. http://dx.doi.org/10.22146/jmh.16234.

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Non-refoulement principle protects refugee or asylum seeker from being expelled or returned to places where his life or freedom would be threatened on particular accounts, for instance his race, religion, or nationality. Having been internationally recognized as jus cogens, this principle shall not, under any circumstances whatsoever, be derogated. Konsep non-refoulement melarang penolakan dan pengiriman pengungsi atau pencari suaka ke wilayah tempat kebebasan dan hidup mereka terancam karena alasan-alasan tertentu seperti alasan ras, agama, atau kebangsaan. Sebagai prinsip yang telah diterima

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13

Syahrin, Muhammad Alvi, Koesmoyo Ponco Aji, Sohirin Sohirin, et al. "Juridical argumentation in limiting the non-refoulement principle for refugees: A study of immigration policy and Indonesian state sovereignty." Journal of Infrastructure, Policy and Development 8, no. 8 (2024): 6423. http://dx.doi.org/10.24294/jipd.v8i8.6423.

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Indonesia has experienced problems with refugees in recent years. Despite not being a state party to the 1951 Refugee Convention, Indonesia is still subject to the principle of non-refoulement as a norm that binds all states (jus cogens). This principle is regulated in Presidential Regulation Number 125 of 2016 and Regulation of the Director General of Immigration of 2016 as basic regulations for handling refugees. However, the principle of non-refoulement is not applied absolutely to refugees in Indonesia. The government is in a difficult situation and seems hesitant in taking a legal politic

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14

Baj, Giulia. "IL PRINCIPIO DI NON-REFOULEMENT: CRITICITÀ APPLICATIVE." Il Politico 84, no. 1 (2019): 25–46. http://dx.doi.org/10.4081/ilpolitico.2019.49.

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The principle of non-refoulement is one of the most relevant instruments of international law for the protection of migrants. This principle prohibits the transfer of migrants to their country of origin in case these persons are afraid of being tortured or persecuted there.To understand the width of its application and the problems linked to the principle of non-refoulement, though, it is appropriate to analyze the various categories of migrants, in order to understand who can receive this protection. This process of analysis of the categories, moreover, highlights the presence of other diffic

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Gunawan, Yordan, Abdullah Teguh Thamrin Rettob, and Kevin Kalagita. "THE ANALYSIS OF NON-REFOULEMENT PRINCIPLE TOWARDS ROHINGYA REFUGEES IN BANGLADESH." Lambung Mangkurat Law Journal 5, no. 1 (2020): 13–24. http://dx.doi.org/10.32801/abc.v5i1.94.

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Crime against humanity is still happening in some parts of the world for several reasons, includes the conflict of interest, politics as well as religion. It makes the victims like the Rohingya ethnic have to flee for finding peace and a secure place to survive. Non-Refoulement Principle which stated in 1951 Refugee Convention is being an important principle as the tools to protect the refugee and stateless person. In the Rohingya case, Bangladesh has argued about the ‘security problem’ of Rohingya’s pose, and Bangladesh also stated it became an important reason in sending the Rohingya back.

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16

Zildjianda, Raesitha, Santriana Santriana, and Biyes Nurul Atika. "Implementation of the Principle of Non-Refugee in Handling Rohingya Refugees in Indonesia." Civic Education Perspective Journal 5, no. 1 (2025): 29–41. https://doi.org/10.22437/cepj.v5i1.41844.

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Rohingya refugees face significant legal uncertainty regarding their status in Indonesia. One of the main issues faced is the implementation of the principle of non-refoulement, which is an international principle that prohibits a country from returning refugees to their home country if they are at risk of torture, inhumane treatment, or the death penalty. This principle is stated in the 1951 Refugee Convention and its 1967 Protocol, which protects refugees worldwide. The methodology of this research is based on a normative legal research approach. This research will also explore the obstacles

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17

Sumampouw, Wuri, Kana Kurnia, Nur Arfiani, and Reza Hadrian. "Keberlakuan Non-Refoulement Principle Dikaitkan Dengan Sovereignty Principle: Tinjauan Terhadap Pengungsi Rohingya di Indonesia." JURNAL USM LAW REVIEW 7, no. 3 (2024): 1111. https://doi.org/10.26623/julr.v7i3.9441.

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<p><em>This research aims to determine the determination of the status of the Rohingya ethnic group according to the Refugee Convention and the application of the principle of non-refoulement in handling Rohingya refugees in Indonesia in relation to the principle of sovereignty, and then whether the application of the principle of non-refoulement is absolute or not applied in Indonesia. Due to the large number of Rohingya ethnic groups entering Indonesian territory and causing social problems, security can even threaten sovereignty. The research method is normative legal research,

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18

Zubair, Muhammad, Muhammad Aqeel Khan, and Muzamil Shah. "The Principle of non- Refoulement and its Role in the Protection of Refugees." Global Regional Review IV, no. II (2019): 478–87. http://dx.doi.org/10.31703/grr.2019(iv-ii).51.

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The protection available to refugees under the principle of non-refoulement is a well-established rule of the customary international law; which means that they can’t be shiftedagainst their well to their country where their life is at risk. A person who avails the protection of the principle of non-refoulement and other protections guaranteed under the international refugee instruments is considered a refugee. This principle is well established both under the Refugee Convention 1951 and Convention against Torture (CAT) 1984. This research revolves around the question that if a country is not

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Zubair, Muhammad, Muhammad Aqeel Khan, and Muzamil Shah. "The Principle of non- Refoulement and its Role in the Protection of Refugees." Global Regional Review IV, no. III (2019): 456–65. http://dx.doi.org/10.31703/grr.2019(iv-iii).50.

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The protection available to refugees under the principle of non-refoulement is a well-established rule of the customary international law; which means that they can’t be shiftedagainst their well to their country where their life is at risk. A person who avails the protection of the principle of non-refoulement and other protections guaranteed under the international refugee instruments is considered a refugee. This principle is well established both under the Refugee Convention 1951 and Convention against Torture (CAT) 1984. This research revolves around the question that if a country is not

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20

Béres, Nóra. "The Anatomy of Non-Refoulement: A Centrepiece of International Refugee Law and Human Rights Law." Central European Journal of Comparative Law 5, no. 1 (2024): 31–49. https://doi.org/10.47078/2024.1.31-49.

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Although the principle of non-refoulement remains vital under international refugee law and human rights law, its content and scope are the subject of extensive scholarly discussions. Therefore, this paper seeks to provide a concise analysis of non-refoulement starting from the 1951 Geneva Convention relating to the Status’ Refugees and to explore accurately its meaning based on its material, personal, and geographical scope. This paper also endeavours to briefly examine non-refoulement under universal and regional human rights instruments. Further, it aims to compare the interpretations of no

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Mujuzi, Jamil Ddamulira. "Non-refoulement Principle and Its Application to Refugees and Asylum Seekers Who Have Committed Offences in Africa." International Human Rights Law Review 9, no. 2 (2020): 213–51. http://dx.doi.org/10.1163/22131035-00902004.

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Abstract The 1951 Convention Relating to the Status of Refugees and the 1969 African Union Convention Governing the Specific Aspects of Refugee Problems in Africa have been ratified by many African States. These treaties deal with, inter alia, the principle of non-refoulement generally and the protection of asylum seekers or refugees convicted of offences. Some States in Eastern and Southern Africa have also enacted domestic legislation giving effect to these treaties and the principle of non-refoulement is provided for in most of these pieces of legislation, albeit sometimes in different ways

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22

Bhardwaj, Chhaya. "Ioane Teitiota v New Zealand (advance unedited version), CCPR/C/127/D/2728/2016, UN Human Rights Committee (HRC), 7 January 2020." Environmental Law Review 23, no. 3 (2021): 263–71. http://dx.doi.org/10.1177/14614529211039469.

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A 2019 decision by the Human Rights Committee concerning the status of Teitiota and his family as “climate change refugee” in New Zealand has become a hotspot for discussion concerning application of the principle of non-refoulement under human rights treaties. The decision concludes that there may be circumstances where the principle of non-refoulement under human rights treaties may apply to people fleeing climate change in their country of origin, if the people are able to provide evidence on “imminent threat to life.” While the Committee did not recognize Teitiota and his family as climate

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Grześkowiak, Maciej. "Transpozycja zasady non-refoulement do polskiego systemu ochrony uchodźców." Studia Iuridica 76 (January 17, 2019): 199–217. http://dx.doi.org/10.5604/01.3001.0012.8619.

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The paper aims at examining the influence of international legislations on the scope and content of the non-refoulement principle as articulated in the Polish law. Its shape on the Polish national ground is in fact a sum of influences stemming from external law systems. The article is based on the determination of three major sources of the refugee law that shape the content of the principle: public international law, European Union law and Polish national law. The Author first scrutinises the scope and content of the principle as laid down in crucial legislations belonging to these three sour

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Chrisella, Sharleen Dessyhana. "KOMITMEN UNI EROPA DALAM PEMENUHAN PRINSIP NON-REFOULEMENT TERHADAP NEGARA-NEGARA ANGGOTA (Studi Kasus Krisis Pengungsi di Yunani Pascakebakaran Kamp Moria)." BELLI AC PACIS 7, no. 2 (2022): 68. http://dx.doi.org/10.20961/belli.v7i2.59996.

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One of the countries in Europe with the biggest refugee crisis is Greece and triggers the emergence of refoulement. The non-refoulement principle is an absolute form protection for a refugee and must be obeyed by all ratifying countries. On that basis, Greece needs an additional assistance from the European Union as a regional organization that houses most European countries. This study aims to explain the commitment of the European Union in fulfilling the principle of non-refoulement to the refugee crisis in Greece, especially after the fire incident at Camp Moria. This research is a normativ

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Utami, Mumpuni Tri. "The Implementation of Non-Refoulement Principle in Case of Rohingnya." Digest: Journal of Jurisprudence and Legisprudence 1, no. 2 (2020): 197–222. http://dx.doi.org/10.15294/digest.v1i2.48629.

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The principle of non-refoulement is a refugee protection framework that prohibits the recipient country to expel the individual concerned to the area where he will experience persecution. Along with developments in international human rights law, the principle of non-refoulement is used as a method of fulfilling and protecting rights that are not interrogated, one of which is the right to be free from torture, cruel, inhuman and degrading behavior. This makes the principle of non-refoulement often applied without exception and discussed to achieve the status of jus cogen, the highest norm in t

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Bauloz, Céline. "Foreigners: Wanted Dead or Alive?" European Journal of Migration and Law 18, no. 4 (2016): 409–41. http://dx.doi.org/10.1163/15718166-12342108.

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While non-refoulement is an absolute principle of international human rights law, its application to seriously ill individuals exposed to premature death and physical and mental suffering because of the substandard medical system in their country of origin seems to have followed a double standard in Europe. On the one hand, medical cases are increasingly treated at the margin of the non-refoulement principle by the European Court of Human Rights, being only covered in highly exceptional cases. On the other hand, seriously ill individuals have been excluded from the scope of subsidiary protecti

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Pijnenburg, Annick. "Containment Instead of Refoulement: Shifting State Responsibility in the Age of Cooperative Migration Control?" Human Rights Law Review 20, no. 2 (2020): 306–32. http://dx.doi.org/10.1093/hrlr/ngaa011.

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Abstract Containment policies whereby destination States provide funding, equipment and training to transit States that intercept refugees on their behalf suggest that destination States try to circumvent the prohibition of refoulement and raise the question to what extent destination States can avoid responsibility for violations of the rights of migrants and refugees by cooperating with transit States. Answering this question requires broadening the analysis beyond the principle of non-refoulement, including not only international human rights law, especially the right to leave and the conce

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Taib, Mukhlis, Zulfikar Ali Buto, Herman Fithra, Said Alwi, Muhammad Iqbal, and Maya Safitri. "Implementation of the Non-Refoulment Principle in Indonesia: A Case Study of Rohingya Refugee Protection in Aceh." Al-Daulah: Jurnal Hukum dan Perundangan Islam 14, no. 1 (2024): 86–106. http://dx.doi.org/10.15642/ad.2024.14.1.86-106.

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This study examines the implementation of the non-refoulement principle in Indonesia, focusing on the protection of Rohingya refugees in Aceh. The issue at hand involves the complex challenges faced due to the partial rejection of Rohingya refugees by some residents of Aceh, highlighting potential violations of international human rights norms. Despite Indonesia not ratifying the 1951 Refugee Convention, the country is bound by international human rights obligations, including the non-refoulement principle, which prohibits the forcible return of refugees to places where they face serious threa

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Gillard, Emanuela-Chiara. "There's no place like home: states' obligations in relation to transfers of persons." International Review of the Red Cross 90, no. 871 (2008): 703–50. http://dx.doi.org/10.1017/s1560775508000096.

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AbstractThe article sets out states' obligations in relation to transfers of persons under international law, and revisits the key elements of the principled non-refoulement, including its application where persons are transferred from one state to another within the territory of a single state; the range of risks that give rise to application of the principle; important procedural elements; and the impact on the principle of so called diplomatic assurances.: : : : : : :

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Flanagan, Danielle M. "To derogate or not to derogate: health securitisation challenges to the principle of non-refoulement in the Central Mediterranean." Cambridge International Law Journal 12, no. 1 (2023): 62–76. http://dx.doi.org/10.4337/cilj.2023.01.04.

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Recent threats to the durability of the non-refoulement principle brought on by COVID-19 demonstrate how the pandemic has been much more than a health crisis. Public health emergency measures issued in response to the global outbreak, such as port closures, the suspension of search-and-rescue operations and privatised pushbacks at maritime borders, have exposed fundamental weaknesses in the international protection regime. With Italy and Malta in profile, this article examines how the elevation of COVID-19 to a national security threat has occasioned a shift in the migration and security disco

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Syahrin, M. Alvi. "The Implementation of Non-Refoulement Principle to the Asylum Seekers and Refugees in Indonesia." Sriwijaya Law Review 1, no. 2 (2017): 168. http://dx.doi.org/10.28946/slrev.vol1.iss2.41.pp168-178.

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The expulsion of refugees, either by the state party or by the non-state party to the 1951 Refugee Convention or countries has protracted the refugees’ suffering. Some countries which are the parties to the 1951 Convention even drive out the refugees to outside their national territory for reasons that the refugees were threatening national security or disturbing public order in the country. In the discussion, it is found that firstly, the principle of non-refoulement is a jus cogen and has become customary international law. The non-refoulement principle has legal binding power to both the St

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Ristik, Jelena. "The Right to Asylum and the Principle of Non- Refoulement Under the European Convention on Human Rights." European Scientific Journal, ESJ 13, no. 28 (2017): 108. http://dx.doi.org/10.19044/esj.2017.v13n28p108.

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The European Convention on Human Rights does not contain any explicit reference to the right to asylum. However, the European Court of Human Rights has provided protection of asylum seekers mainly through interpretation of Article 3 of the Convention. Moreover, even if there is no specific mention of non-refoulement in this Article, the Court has interpreted it to include the prohibition of refoulement. Today, the ECHR is one of the most important juridical instruments for protection of asylum seekers throughout Europe. The main reason for this is that the principle of nonrefoulement under the

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Rahman, Malahayati, Laila Rasyid, and yulia yulia. "The Principle of Non-refoulement as 'Urf in Muslim Societies." Manchester Journal of Transnational Islamic Law & Practice 19, no. 3 (2023): 233–50. https://doi.org/10.5281/zenodo.12189097.

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Olajos, István, and Mónika Mercz. "The use of the precautionary principle and the non-refoulement principle in public law." Journal of Agricultural and Environmental Law = Agrár- és Környezetjog 17, no. 32 (2022): 79–97. http://dx.doi.org/10.21029/jael.2022.32.79.

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In addition to interpreting the precautionary principle, the present article shows that this principle of environmental law applies to agricultural practice as well. In a separate chapter, we analyze the relationship between the non-refoulement (also known as non-derogation) principle and the precautionary principle in connection with the latest cases of the Hungarian Constitutional Court’s practice. This article summarizes the counter-arguments of the constitutional judges against a strong interpretation of the precautionary principle and analyzes whether a strong interpretation of said princ

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Imam Supaat, Dina. "PAVING THE WAY FOR THE NON-REFOULEMENT PRINCIPLE IN DOMESTIC COURTS." Malaysian Journal of Syariah and Law 5, no. 2 (2017): 24–46. http://dx.doi.org/10.33102/mjsl.vol5no2.61.

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The application of international custom in domestic courts is a contentious exercise. This paper examined the importance and applicability of the principle of non- refoulement in domestic courts. Discussion begins with the scrutiny of the formation of the principle as international custom. Next, it deals with the status of international customary law in the domestic legal framework of a dualist state with the analysis of the judicial response to attempt to invoke international custom in cases. The result shows that there are legal impediments that must be removed to enable meaningful applicati

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Carpanelli, Elena. "The Principle of non-refoulement at Sea and Its Implications for Rescue Operations: the Corte di Cassazione’s Judgment in the Vos Thalassa Case." Italian Yearbook of International Law Online 32, no. 1 (2023): 281–96. http://dx.doi.org/10.1163/22116133-03201015.

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Abstract On 26 April 2022, the Corte di Cassazione published its decision relating to the socalled Vos Thalassa case, whereby it overturned the Corte d’appello’s judgment and acknowledged that migrants rescued at sea, who forcibly oppose their return to a place where they would face the risk of being subjected to torture or other ill-treatment, could avail themselves of self-defence as per Article 52 of the Italian Criminal Code. From an international law standpoint, the judgment is relevant for at least two reasons. First, it seemingly reiterated, at least prima facie, that Italian judicial p

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Vimalarajah, Piratheeca. "The Statelessness of Syrian War Refugees." Potentia: Journal of International Affairs 7 (October 1, 2016): 54–65. http://dx.doi.org/10.18192/potentia.v7i0.4427.

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The Syrian crisis has forced the mass displacement of refugees attempting to escape the armed conflict in search of security at the borders of surrounding states. Amidst the chaos, the question of whether international law obligates the international community to take action arises. This paper examines whether the principle to non-refoulement under Article 33(1) of the 1951 Convention Relating to the Status of Refugees is a universal human right for persons seeking asylum from the war-torn state of the Syrian Arab Republic. Syrian asylum-seekers experience the ‘war flaw’ – the failure of inter

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Lau, Stacy. "Diplomatic Asylum in US-China Relations." Asia-Pacific Journal on Human Rights and the Law 26, no. 1 (2025): 47–79. https://doi.org/10.1163/15718158-26010002.

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Abstract Diplomatic asylum provides a vital means for those suffering persecution to seek protection. The granting of diplomatic asylum, commonly justified on humanitarian grounds, often depends largely on the discretionary political benevolence of states. Ongoing scholarly debates have suggested that there is a legal obligation to offer de facto diplomatic asylum under the principle of non-refoulement in international law. Nonetheless, it remains unclear whether the obligation to grant diplomatic asylum would differ for different groups of asylum seekers – those accused of purely political of

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Peni, Susetyorini, Nur Hari Susanto Sri, and Cahya Susila Wibawa Kadek. "The Application of the Non-Refoulement Principle as a Form of Protection for Refugees in Semarang City." INTERNATIONAL JOURNAL OF MULTIDISCIPLINARY RESEARCH AND ANALYSIS 06, no. 06 (2023): 2438–42. https://doi.org/10.5281/zenodo.8046439.

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This research aims to identify and analyze the handling of refugees from abroad or stateless who enter the jurisdiction of Semarang City. The 1951 Refugee Convention has set minimum standards for the treatment of refugees, including their basic rights. Besides, the 1951 Convention also prohibits expulsion and forced repatriation of people with refugee status, which is referred to as the principle of non-refoulement. This research used the socio-legal research method. The primary data used was based on observation, attendance in the field, and interviews; as well as secondary data through the s

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Ahmed, Sabreen. "Proportionality Analysis and Non-refoulement Jurisprudence in India: A Comparative Approach." Age of Human Rights Journal, no. 24 (December 12, 2024): e8728. https://doi.org/10.17561/tahrj.v24.8728.

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India does not have an explicit refugee regime and most of the jurisprudence on refugee protection comes from the judgements. However, in the absence of law or explicit domestication of international refugee law, the Supreme Court of India (SCI) struggles with consistent interpretation of non-refoulement. Many scholars suggest the presence of non-refoulement as a substantive right under the Right to life in the Constitution of India (1950). However, it has not been consistently accepted. Significantly Art 21 allows limitation in the form of ‘procedure established by law’, to avail constitution

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Priyono, FX Joko, and Audrey Kartika Putri. "NON-REFOULMENT PRINCIPLE AND PROHIBITION OF ENTRY FOR REFUGEES DUE TO THE COVID-19 PANDEMIC." Diponegoro Law Review 7, no. 1 (2022): 106–20. http://dx.doi.org/10.14710/dilrev.7.1.2022.106-120.

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The principle of non-refoulement has become jus cogens which obliges every country, both ratifying and not ratifying the 1951 Refugee Convention and the 1967 Protocol not to refuse refugees and asylum seekers to enter the territory of a country and not be returned to their country of origin because their lives will be threatened, persecuted. and tortured. The right to life is a right that cannot be reduced and must be protected and respected by everyone under any circumstances. The pandemic reason cannot be used as an excuse to refuse refugees and asylum seekers on the grounds of protecting th

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Supaat, Dina Imam. "Paving the Way for the Non-Refoulement Principle in Domestic Courts." Malaysian Journal of Syariah and Law 6 (December 2017): 24–46. http://dx.doi.org/10.12816/0051367.

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Fitri, Icha Rachma Mutiara, Jehan Irianti Bekti Yepese, and Mochamad Gozzi Arofah. "Prinsip Non-Refoulement Penanganan Pengungsi dan Relevansinya dalam Perspektif Kebijakan Selektif Keimigrasian." Jurnal Ilmiah Universitas Batanghari Jambi 24, no. 1 (2024): 143. http://dx.doi.org/10.33087/jiubj.v24i1.4609.

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Immigration is a matter of the movement of people into and out of Indonesian territory which is motivated by several factors such as socio-cultural, political and economic which are the reasons why foreigners migrate. The Immigration Office is under the Directorate General of Immigration and is the responsibility of the Ministry of Law and Human Rights and has the authority to regulate the presence and activities of foreigners while they are in Indonesian territory. Immigration adheres to a selective policy system, which means that only useful and useful foreigners are allowed to enter Indones

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Droege, Cordula. "Transfers of detainees: legal framework, non-refoulement and contemporary challenges." International Review of the Red Cross 90, no. 871 (2008): 669–701. http://dx.doi.org/10.1017/s1560775508000102.

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AbstractThe article outlines the legal framework that governs transfers of individuals, and in particular the international law principle of non-refoulement and other obstacles to transfers. The author addresses some of the new legal and practical challenges arising in detention and transfers in the context of multinational operations abroad and analyses the contemporary practice of transfer agreements.

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Mink, Júlia. "EU Asylum Law and Human Rights Protection: Revisiting the Principle of Non-refoulement and the Prohibition of Torture and Other Forms of Ill-treatment." European Journal of Migration and Law 14, no. 2 (2012): 119–49. http://dx.doi.org/10.1163/138836412x643317.

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Abstract The principal objective of the article is to examine the EU legal framework and international law parameters of legal harmonisation processes in a specific field of human rights protection: asylum legislation. In particular, it is to provide an in-depth analysis of the compatibility of EU asylum legislation with existing international norms in relation to the principle of non-refoulement and the prohibition of torture and other forms of ill-treatment. It also aims at exploring the correspondence and controversies of relevant legal principles and norms under international law. Similarl

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Sitorus, Michael Daud Marsinondang, and Diani Sadia Wati. "The Rejection of Palestinian Refugees Following the October 7, 2023 Attack: A Perspective on Security and Humanity." Journal of Law, Politic and Humanities 5, no. 4 (2025): 3024–31. https://doi.org/10.38035/jlph.v5i4.1642.

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The escalation of the Israeli-Palestinian conflict on October 7, 2023, led to a large-scale attack by Hamas, triggering a refugee crisis in Gaza and subsequent rejections by neighboring countries, including Jordan. This rejection, although in conflict with the principle of non-refoulement as a norm of international law, is viewed as a measure to protect state sovereignty. This research employs a normative juridical method, emphasizing legislative, case-based, historical, and conceptual approaches to analyze the interaction between state sovereignty and refugee protection. The main discussion i

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Putri, Ria Wierma, Yunita Maya Putri, Ninin Ernawati, Muhammad Havez, and Febriyani Sabatira. "Balancing The Principles of Non-Refoulment and National Security in The Protection of Refugee Rights: A Legal and Policy Analysis of Refugee Handling in Australia." Jurnal IUS Kajian Hukum dan Keadilan 12, no. 2 (2024): 372–92. http://dx.doi.org/10.29303/ius.v12i2.1391.

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This study examines the delicate balance between the principle of non-refoulement and national security in protecting refugee rights, focusing on Australia’s approach to handling refugees. Non-refoulement, a fundamental principle of international refugee law, prohibits the forced return of individuals to countries where they may face persecution. However, ensuring national security while upholding refugee rights poses challenges, particularly in the face of global migration crises and security concerns. Through a case study of Australia’s refugee policies and practices, this research explores

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Fauziyah, Najla Nur. "THE LEGAL STATUS AND LEGAL PROTECTION TOWARDS CLIMATE REFUGEES UNDER INTERNATIONAL LAW: A STUDY OF IOANE TEITIOTA CASE." BELLI AC PACIS 8, no. 1 (2022): 71. http://dx.doi.org/10.20961/belli.v8i1.68785.

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This study aims to examine the legal status of climate refugees in international law according to the Ioane Teitiota case and how international law in general protects climate refugees. This study is a normative legal research. The types of approach used are statute, case, and conceptual approaches. The legal materials of this study comprise of primary, secondary, and tertiery legal materials. In collecting data this study used the library research data collection technique. The analysis technique used is the inductive reasoning method. The results of this study reveal that the 1951 Refugee Co

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Trevisanut, Seline. "The Principle of Non-Refoulement at Sea and the Effectiveness of Asylum Protection." Max Planck Yearbook of United Nations Law Online 12, no. 1 (2008): 205–46. http://dx.doi.org/10.1163/18757413-90000023a.

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Maing, Skolastika Genapang. "Dilema Tata Kelola Pengungsi Global: Penanganan Illegal Maritime Arrivals (IMA) di Australia." Nation State Journal of International Studies 3, no. 2 (2020): 207–28. http://dx.doi.org/10.24076/nsjis.2020v3i2.203.

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Australia as one of the countries that signed the Convention of Refugee 1951 has an obligation to apply principle of non-refoulement in the handling of refugees and asylum seekers entering its territory. However, the issue of national security and domestic turmoil caused Australia to continue use restrictive policies in dealing with refugees and asylum seekers, especially those who came by the sea (boat people) and did not have official documents. They are called Illegal Maritime Arrivals (IMA). Giving the term “illegal” causes no distinction between IMA and smuggling/trafficking criminals. Th

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