Article

The Syrian crisis and the principle of non-refoulement

Mike Sanderson

• International law studies, Vol. 89, 2013, p. 776-801

English

Source : https://digital-commons.usnwc.edu/cgi/viewcontent.cgi?article=1020&context=ils (last accessed on 22.06.2020)

The author advocates for a comprehensive right of non-refoulement for Syrians escaping from a violent civil war to surrounding states. Non-refoulement is the right not to be forcibly returned to a territory where one’s freedom is threatened. This right is endorsed by the 1951 Refugee Convention and the 1967 Protocol to the Convention, which are the two basic legal instruments for the protection of refugees. Unfortunately, only two of the five States currently receiving Syrian refugees are parties to these instruments and neither has implemented them comprehensively. However, the author explains that the available protection regime can be enhanced by virtue of the fact that non-refoulement is guaranteed by the International Covenant on Civil and Political Rights (ICCPR) and the Convention against Torture (CAT). All five receiving States are parties to both conventions. The author also argues that the right of non-refoulement has attained the status of preemptory public international law and is a supervening international norm that must be adhered to by all receiving States as well as any others choosing to involve themselves in the Syrian conflict. [Summary by students at the University of Toronto, Faculty of Law (IHRP)]

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