The Principle Of Non-Refoulement And International Humanitarian Law: European Asylum Policies In War Contexts
- IJLLR Journal
- Apr 9
- 1 min read
Diva Sarvagyaa, BA LLB, Vivekananda Institute of Professional Studies
ABSTRACT
The principle of non-refoulement is a cornerstone of International Humanitarian Law (IHL), enshrined in treaties such as the 1951 Refugee Convention, the Geneva Conventions and its Additional Protocols, and the European Convention on Human Rights (ECHR). However, European states increasingly violate this obligation through restrictive asylum policies, pushbacks, third-country deportations, and externalization of asylum processing; thereby undermining fundamental refugee protections. This paper critically examines the systematic erosion of non-refoulement obligations by European Union states and assesses the legal, ethical, and humanitarian consequences of such violations. Through analysis of case laws, treaties, and recent policy developments, this paper highlights the lack of enforcement mechanisms within the European Court of Human Rights, the geopolitical bias in asylum policies, and the dangers of deterrence-based migration control measures. It argues that these practices not only violate IHL but also threaten the foundational values of the European Union and the core tenets of Human Rights Law enshrined under the United Nations Charter, Universal Declaration of Human Rights and other key international frameworks. The paper concludes by advocating for stronger international enforcement mechanisms, sanctions for non-compliant states, and the expansion of safe and legal migration pathways as essential measures to uphold rights of asylum seekers and prevent further humanitarian crisis and violations.
