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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 .
Therefore, states are obligated under the convention and under customary international law to respect the principle of non-refoulement. If this principle is threatened, UNHCR can respond by intervening with relevant authorities and, if it deems necessary, will inform the public. [17] Refugees shall be treated at least like nationals in relation to
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 ...
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]
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.
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.
Whereas 'refugee' has an authoritative definition under the 1951 Refugee Convention, there is no universal legal definition of internally displaced persons (IDP); only a regional treaty for African countries (see Kampala Convention). However, a United Nations report, Guiding Principles on Internal Displacement uses the definition of:
Non-refoulement (/ r ə ˈ f uː l m ɒ̃ /) is a fundamental principle of international law anchored in the Convention Relating to the Status of Refugees that forbids a country from deporting ("refoulement") any person to any country in which their "life or freedom would be threatened" on account of "race, religion, nationality, membership of a particular social group or political opinion".