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  • Shatz-Cohen Appeal To High Court Sep05-12 (Asylum Seekers On Border)

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    The principle of non-refoulement is to ensure that refugees are protected against forcible return to situations of danger. It has been argued that the principle is not binding on a State outside its own national territory. No such territorial limitation applies, for instance, to UNHCR's mandate to provide international protection to refugees.

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    Shatz-Cohen Appeal to High Court Sep05-12 [Asylum Seekers on Border]

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    The principle of non-refoulement is to ensure that refugees are protected against forcible return to situations of danger. It has been argued that the principle is not binding on a State outside its own national territory. No such territorial limitation applies, for instance, to UNHCR's mandate to provide international protection to refugees.

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    164 views5 pages

    Shatz-Cohen Appeal To High Court Sep05-12 (Asylum Seekers On Border)

    Uploaded by

    We Are Refugees
    The principle of non-refoulement is to ensure that refugees are protected against forcible return to situations of danger. It has been argued that the principle is not binding on a State outside its own national territory. No such territorial limitation applies, for instance, to UNHCR's mandate to provide international protection to refugees.

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    :Non-Refoulement E. Territorial application
    Since the purpose of the principle of non-refoulement is to ensure that refugees are
    protected against forcible return to situations of danger it applies both within a
    State's territory and to rejection at its borders. It also applies outside the territory
    of States. In essence, it is applicable wherever States act.
    It has been argued that the principle of non-refoulement is not binding on a State
    outside its own national territory, so that a Government may return refugees
    directly to persecution provided they have not yet reached or crossed its borders.
    This claim is clearly inconsistent with the purpose, and is contrary to the spirit, of
    the 1951 Convention and its 1967 Protocol, as well as of international refugee law
    generally. No such territorial limitation applies, for instance, to UNHCR's
    mandate to provide international protection to refugees. In fact, UNHCR's position
    on interdiction-at-sea is that this is inconsistent with the international refugee
    protection regime, especially since, among those leaving, there may be people
    who have concerns about their physical security and safety. There must be a
    possibility for these people to reach safety and have their protection needs
    assessed and met. Interdiction and compulsory return preclude this.
    http://www.unhcr.org/cgi-bin/texis/vtx/refworld/rwmain?docid=438c6d972
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