Explore BrainMass

Explore BrainMass

    principle of non-refoulement

    This content was COPIED from BrainMass.com - View the original, and get the already-completed solution here!

    Define the principle of non-refoulement.
    What is its standing in International Law?
    What purpose does it serve in refugee law and protection?
    Does it apply to asylum-seekers as well as refugees?
    Discuss its evolution in light of all relevant international instruments.
    Discuss its standing in, and application by, the United States.

    Note: Please be direct and precise about answering the question. Give some examples (case references). Pay attention to the question carefully in-order to answer / research correctly.

    © BrainMass Inc. brainmass.com June 4, 2020, 12:31 am ad1c9bdddf

    Solution Preview

    The response addresses the queries posted in 2901 words with references.

    //The principle of non-refoulement in international law mainly concerns with refugee whose main purpose is to protect refugees. In relation to this law, we will discuss in detail about the principle of non-refoulement that enhances your learning as well as support in answering the other related questions.//

    Principle of non-refoulement:

    Non-refoulement is known as a principle in International law, or refugee law, which cares for the protection of refugees while returning from one place to another place, where they get threatening on their lives and freedom. Non-refoulement is generally referred to refugees into condition of war and other problems of their areas. Non-refoulement is an international law, which prevents the refugee from riddance into an area from where the person gets ill-treatment. The principle arises from an international associated memory of the failure of various countries after World War II to safeguard the refugees.

    The principle of non-refoulement is also considered as an important milestone for the protection and care of refugee. The principle was officially started in the year 1951 Convention relating to the Status of Refugees. It is must for all the countries to follow the principle of non-refoulement which includes:

    · Not to return any refugee or asylum seekers to their respective country or place, where risk of life or freedom exists.

    · Not to prevent any asylum seekers or refugees in the respective country if they are coming in an illegal way for searching safety in the country. In such case, the country has a chance to return them to their respective places, even if there is risk of life and freedom.

    · The country cannot deny any refugees to access the country persecution and have faced the ill-treatment at borders.

    The principle of non-refoulement is applied to the collection of people, who becomes a victim of severe persecution and other serious problems in their own respective country. It is the responsibility of the country to ensure safety of refugees and asylum seekers with the concern to prevent them from any threats and risk. The benefit of present condition in the respective country is not provided to the refugee, but they can claim for favorable condition with the reason that they are facing danger and insecurity in their own country.

    The most important part of the principle of non-refoulement is to provide the basic needs in an urgent way to protect them from persecution. The virtual importance of the principle is not defined simply according to the law for expulsion of refugees from the risky place. No restriction or regulation is imposed on refugees while returning from one place to another. Due to large number of convention laws in the principle, it is signed by over 169 countries in the world. The status of the principle of non-refoulement is recognized as a part on international customary law.

    For example, in the state of Israel, their official positions presented in the court on several opportunities committed that they will follow the principles of non-refoulement and they promised that no expulsion will take place, when any risk or danger will be expected. After committing, Israel does not follow necessary steps for the security of refugees and provided some legal excuses for the justifications.

    //Above we have discussed about the principle of non-refoulement that is mainly concerned to the protection of the refugees. As per instructions, now we will discuss about this principle standing in International law.//

    Non-refoulement principle's standing in International Law:

    The principle of non-refoulement stands like foundation stone in the international law whose main purpose is to preclude the refugees from any sort of unethical torture and ill treatment in respect to their religion, race, nationality, etc. (UN High Commissioner for Refugees, UNHCR Note on the Principle of Non-Refoulement, 1997). Besides that, in international law, the standing and scope of this principle is not limited to the refugee's protection, but also applies to assess whether or not refugees are admitted in legal way. The non-refoulement principle has a legal standing in the international law that lawfully rules the human rights (Goodwin-Gill, 1993).

    In the international law, non-refoulement principle stands in respect to three major areas, including human rights, international customary law and human rights law. Besides that, it also explores out that its standing in international law is as equal as the legal standing of torture and cruel. Further in this same content, principle of non-refoulement law in international law has a long standing as convention and international human rights law whose main purpose is to protect the human rights, so that refugees can flourish his life with good social surroundings. ...

    Solution Summary

    The response addresses the queries posted in 2901 words with references.