Non-refoulement
Principle of international asylum law / From Wikipedia, the free encyclopedia
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Non-refoulement (/rəˈfuːlmɒ̃/) is a fundamental principle of international law that forbids a country receiving asylum seekers from returning them to a country in which they would be in probable danger of persecution based on "race, religion, nationality, membership of a particular social group or political opinion" ("refoulement").[1] Unlike political asylum, which applies to those who can prove a well-grounded fear of political persecution,[2] non-refoulement refers to the generic repatriation of people, including refugees into war zones and other disaster locales.
Non-refoulement is generally seen as customary international law,[3] where it applies even to states that are not parties to the 1951 Convention Relating to the Status of Refugees or its 1967 Protocol.[4] It is debatable whether non-refoulement is a Peremptory norm (jus cogens) of international law, where non-refoulement must always be applied without any adjustment for any purpose or under any circumstances (derogation).[5][6] The debate over jus cogens nature of non-refoulement was rekindled following the September 11, 2001 terror attacks in the United States as well as other terrorist attacks in Europe.[7]