Expulsion to Face Torture? Non-refoulement in International Law |
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Authors: | Duffy Aoife |
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Institution: | * Postgraduate research fellow, The Irish Centre for Human Rights, NUI Galway, Ireland |
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Abstract: | Non-refoulement is a principle of international law that precludesstates from returning a person to a place where he or she mightbe tortured or face persecution. The principle, codified inArticle 33 of the 1951 Refugee Convention, is subject to a numberof exceptions. This article examines the status of non-refoulementin international law in respect to three key areas: refugeelaw, human rights law and international customary law. The findingssuggest that while a prohibition on refoulement is part of internationalhuman rights law and international customary law, the evidencethat non-refoulement has acquired the status of a jus cogensnorm is less than convincing. |
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