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International Journal of Refugee Law Advance Access published online on June 25, 2008
International Journal of Refugee Law, doi:10.1093/ijrl/een022
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© The Author 2008. Published by Oxford University Press. All rights reserved. For permissions, please e-mail: journals.permissions@oxfordjournals.org.

Expulsion to Face Torture? Non-refoulement in International Law

Aoife Duffy*

* Postgraduate research fellow, The Irish Centre for Human Rights, NUI Galway, Ireland. I would like to thank Jeff King for his valuable comments on an earlier draft. All remaining errors are my own

Non-refoulement is a principle of international law that precludes states from returning a person to a place where he or she might be tortured or face persecution. The principle, codified in Article 33 of the 1951 Refugee Convention, is subject to a number of exceptions. This article examines the status of non-refoulement in international law in respect to three key areas: refugee law, human rights law and international customary law. The findings suggest that while a prohibition on refoulement is part of international human rights law and international customary law, the evidence that non-refoulement has acquired the status of a jus cogens norm is less than convincing.


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