Territorial Reach Of Non-Refoulement Protection For Refugee: An Analysis

Murshamshul Kamariah, Musa and Zuhairah Ariff, Abd Ghadas and Mohd Shahril Nizam, Md Radzi and Nurzihan, Mohammad Udin (2017) Territorial Reach Of Non-Refoulement Protection For Refugee: An Analysis. In: International Conference On Child Law and Humanitarian Law, 8-9 October 2017, Universiti Sultan Zainal Abidin.

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Abstract

Non-refoulement principle has been embedded in most international human right treatises and functions as a protective mechanism for refugee against persecution in their native country. As a human right obligation and keystone for refugee‘s protection, non-refoulement right imposes an obligation upon receiving state against returning persons seeking refugee within each state‘s jurisdiction to their home country; if such return will subject to these persons to persecution, or where it would be prejudicial to their life and dignity. Nonetheless, concern has been raised in the applicability of this obligation beyond the territorial jurisdiction of the receiving state. This article seeks to analysis on the possibility of extending the application of non-refoulement obligation beyond a receiving‘s state territorial limit based on the interpretation of the ―de facto ― concept as stipulated under public international law regime.

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