Define: Nonrefoulement

Nonrefoulement is a principle of international law that prohibits the expulsion, deportation, or return of an individual to a country where they may face persecution, torture, or other serious human rights violations.

Nonrefoulement applies to individuals who are seeking asylum or have a well-founded fear of persecution based on their race, religion, nationality, political opinion, or membership in a particular social group.

While nonrefoulement is a fundamental principle, there are limited exceptions in certain circumstances. For example, if an individual poses a threat to national security or has committed serious crimes, a country may consider refusing their asylum claim.

Nonrefoulement is primarily based on international human rights law, including the Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights, and the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment.

Yes, nonrefoulement can be enforced in domestic courts through various legal mechanisms, such as constitutional provisions, immigration laws, or judicial review of administrative decisions.

The United Nations plays a significant role in promoting and protecting the principle of nonrefoulement. The Office of the United Nations High Commissioner for Refugees (UNHCR) provides guidance and assistance to states in implementing nonrefoulement obligations.

No, nonrefoulement cannot be waived by an individual. It is a legal obligation imposed on states to ensure the protection of individuals at risk of persecution or serious harm.

If a country violates the principle of nonrefoulement, it may be held accountable under international law. This can include diplomatic pressure, economic sanctions, or legal action before international tribunals.

Yes, nonrefoulement applies to all individuals, regardless of their mode of entry or immigration status. It is a principle that protects individuals from being returned to a country where they may face harm.

While nonrefoulement is a fundamental principle, states may adopt temporary measures during times of national emergency or crisis. However, these measures must be proportionate, necessary, and in compliance with international human rights standards.