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Refugee law is the branch of international law which deals with the rights and duties states have vis-a-vis refugees. There are differences of opinion among international law scholars as to the relationship between refugee law and international human rights law or humanitarian law .
Prior to the 1951 convention, the League of Nations' Convention relating to the International Status of Refugees, of 28 October 1933, dealt with administrative measures such as the issuance of Nansen certificates, refoulement, legal questions, labour conditions, industrial accidents, welfare and relief, education, fiscal regime and exemption from reciprocity, and provided for the creation of ...
The Protocol Relating to the Status of Refugees is a key treaty in international refugee law.It entered into force on 4 October 1967, and 146 countries are parties. The 1951 United Nations Convention Relating to the Status of Refugees restricted refugee status to those whose circumstances had come about "as a result of events occurring before 1 January 1951", as well as giving states party to ...
International human rights law (IHRL) is the body of international law designed to promote human rights on social, regional, and domestic levels. As a form of international law, international human rights law is primarily made up of treaties, agreements between sovereign states intended to have binding legal effect between the parties that have agreed to them; and customary international law.
The right of asylum, sometimes called right of political asylum (asylum from Ancient Greek ἄσυλον (ásulon) 'sanctuary'), [1] [2] is a juridical concept, under which people persecuted by their own rulers might be protected by another sovereign authority, such as a second country or another entity which in medieval times could offer sanctuary.
There is a distinction between public and private international law; the latter is concerned with whether national courts can claim jurisdiction over cases with a foreign element and the application of foreign judgments in domestic law, whereas public international law covers rules with an international origin. [6]
Humanitarian protection is the act of promoting and ensuring the legal rights of people affected by humanitarian crises. The concept of humanitarian protection was established by the 1949 Geneva Conventions and responsibility to ensure protection was mandated to the International Committee of the Red Cross. Outside of times of crises, national ...
It introduced the "absolute" prohibition of refoulement, whereas the 1951 Refugee Convention allowed return or expulsion of refugees if the national security of the state would be at risk. However, if asylum seekers commit certain serious crimes, they will be excluded from the refugee definition and could still be returned or expelled.