The Principle of Non-Refoulement: A Customary Rule or an Emerging Peremptory Norm in International Law

Abstract

The principle of non-refoulement is a fundamental tenet of international law and the cornerstone of refugee protection. Emphasized in numerous international instruments, this principle prohibits the forced return of individuals to territories where they face a serious risk of persecution, torture, or threats to their lives. This article examines the nature and status of the principle of non-refoulement in international law. In this regard, the historical evolution and development of this principle, its scope and content within international law, state practice, and judicial decisions are analyzed. Additionally, the fundamental question is addressed: Is the principle of non-refoulement in contemporary international law a customary rule or a peremptory norm (jus cogens)? Considering state practice, legal doctrine, and judicial precedents, it can be concluded that the principle of non-refoulement has attained the status of a customary rule in international law, binding upon all states. Although this principle has not yet evolved into a peremptory norm, existing evidence suggests that it is moving toward acquiring such a status.