A Critical Overview of International Refugee Law and the Non-refoulement Principle

Nehaluddin Ahmad

Danish Iqbal Ariffin

Norsabreena Razali

 

Abstract: This article examines the connection between international refugee law and the principle of non-refoulement, which prohibits the return of individuals to a country where their lives and freedom are at risk. It provides an overview of the historical development of international refugee law, defining who a refugee is and discussing the legal framework established by the 1951 Convention Relating to the Status of Refugees and its 1967 Protocol. It examines the non-refoulement principle by describing it, tracing its development through history to its legal basis, including what it implies in terms of safeguarding refugees. The application of this principle is illustrated in this article through various case studies. The article further reviews regional instruments supporting the principle of nonrefoulement and discusses in detail the role played by international bodies, such as the United Nations High Commissioner for Refugees (UNHCR), in their assistance to vulnerable groups and highlights some of the problems that the refugees face as well as impediments that stand in the way of applying the principle of non-refoulement effectively. The article concludes that the responsibility to ensure the principle of nonrefoulement is maintained must be collectively instilled worldwide to enhance our international commitment to protecting the vulnerable.