The Principle of Non-Refoulement as Jus Cogens

History, Application, and Exception in International Refugee Law

Bibliographic Data

ID19580909
AuthorsM Alvi Syahrin (0000-0002-0292-9898, Jakarta State Polytechnic, corresponding author)
Year2021
Volume6
Issue1
Pages53-82
Publication date2021-05-31
Open AccessYes
TypeARTICLE
VenueJournal of Indonesian Legal Studies (JOURNAL)
Journal identifiersISSN: 2548-1584 • E-ISSN: 2548-1592
PublisherUniversitas Negeri Semarang (PUBLISHER • ID)
DOI10.15294/jils.v6i1.43350
OpenAlexW3202657725
LanguageEN
Citations received3
References cited8

The existence of the principle of non-refoulement is a necessity and has been institutionalized in the various international legal instruments such as conventions, declarations and in customary international law. Non-refoulement principle is a fundamental concept and considered as the backbone for the entire international refugee legal system. That principle is an international legal norm that has been recognized and affirmed by the international community in multilateral international conventions and other relevant international legal instruments. This principle is very basic in the international protection system for refugees and asylum seekers and cannot be distracted by states in international relations. International organizations also recognize and apply the principle of non-refoulement consistently. The consequence is that states, both invidually and collectively, must not violate this principle. Based on legal procedures, a country can take different actions with the obligation to implement the non-refoulement principle

Customary international law · International community · International humanitarian law · International law · Obligation · Political science · Politics · Public international law · Refugee · Refugee law · Sociology · Asian Geopolitics and Ethnography · Law · Migration, Racism, and Human Rights · Migration, Refugees, and Integration

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