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Part 2 Asylum, 5 Non-Refoulement in the 1951 Refugee Convention

From: The Refugee in International Law (3rd Edition)

Guy S. Goodwin-Gill, Jane McAdam

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From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2023. All Rights Reserved.date: 26 March 2023

Non-refoulement — Asylum — Deportation — Nationality of individuals — Gross violations — Geneva Conventions 1949 — NGOs (Non-Governmental Organizations) — Territorial sea — Innocent passage
The principle of non-refoulement prescribes, broadly, that no refugee should be returned to any country where he or she is likely to face persecution, other ill-treatment, or torture. In this chapter, the scope of the principle is examined against the background of a number of recurring issues: the question of ‘risk’; the personal scope of the principle, including its application to certain categories of asylum seekers, such as stowaways or those arriving directly by boat; exceptions to the principle; extraterritorial application; extradition; and the ‘contingent’...
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