The Legal Dimensions of the Principle of Non-refoulement in International Law

Ahmed El-MohtadyBellah
2020 International Review of Law  
The article deals with the principle of non-refoulement, which is widely recognized as indispensable for providing an effective international protection for refugees. Considering the fact that the right to asylum remains within the discretion of the receiving State, some exceptions to this principle have been recognized in the 1951 Convention relating to the Status of Refugees. Although the principle of non-refoulement was adopted by an international convention (the 1951 Convention), it has
more » ... iderably developed since then until it became a part of customary international law. This means that its binding force extends to all states of the international community, even those that are not bound by the terms of the Convention. Indeed, there has been controversy in jurisprudence on the extent to which the principle of non-refoulement has evolved as one that owns jus cogens character within the rules of international law, which means that its application will not be confined to persons who acquire the status of refugees, but extends to all persons whose lives, freedoms or safety are at risk. The State of Qatar issued Law No. (11) of 2018 regulating political asylum, affirming the principle of non-refoulement in Article (15). The Law did not provide for any exceptions to the principle of non-refoulement, as the case within article (33) of the 1951 Refugee Convention. This reflects State of Qatar's commitment as to current developments regarding the principle of non-refoulement.
doi:10.29117/irl.2020.0092 fatcat:ax2h25ackffyzfndp43hbdlvwu