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Part 3 Protection, 9 Protection and Solutions

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, 2022. All Rights Reserved.date: 04 October 2022

Subject(s):
Refugees — Detention — Gross violations — Internally displaced persons — NGOs (Non-Governmental Organizations) — Rape and sexual violence — Torture
That States have the competence to detain non-nationals pending removal or pending decisions on their entry is confirmed in judicial decisions and the practice of States.1 From the international law perspective, therefore, the issue is not whether the power is recognized, but whether its exercise or duration are limited in the case of refugees and asylum seekers by operation of law or principle. The 1951 Convention explicitly acknowledges that States retain the power to restrict the freedom of movement of refugees, for example, in exceptional circumstances, in the...
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