THE RESPONSIBILITY OF INTERNATIONAL LAW FOR THE FORCED REPATRIATION OF REFUGEES

Abstract

The research deals with the issue of the forced return of refugees in international law, an issue that is considered one of the most important and serious in the contemporary world. The principle of non-refoulement is considered the cornerstone of the international refugee protection system, as it prohibits any state from returning any refugee to his home country where he may face persecution, torture, or infringement of his basic rights.

The research discusses the history of the asylum principle and the evolution of the refugee definition from ancient times and religious laws to the 1951 Geneva Convention and the 1967 Protocol, in addition to the current refugee rights and duties in terms of law, and the role of the international community in protecting these rights in various global and regional conventions, as well as the role of the United Nations High Commissioner for Refugees in protecting refugees.

The findings indicate that the principle of non-refoulement has been recognized as a peremptory norm (Jus Cogens) in international law, which makes the breach of the principle a serious cause of international responsibility, either by requiring the state that breached the principle to make reparations or by requiring the state to be held accountable before the international community.

The research was concluded with a number of recommendations, the most prominent of which is the need for strengthening international cooperation, offering financial and logistical support, and extending the scope of protection to include the most vulnerable groups such as women, children, and victims of armed conflicts.