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Does international law prohibit ‘constructive refoulement’?

Earlier this month, the UN High Commissioner for Refugees (UNHCR) stated that 43.4 million people worldwide are refugees – many of whom flee the over 120 ongoing…

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The Trilateral Agreement between Turkey, Finland and Sweden and the Silence of Human Rights: The Need to Apply the MoU in Light of Human Rights and Refugee Law Protections  

On 28 June, 2022, leaders of Turkey, Finland and Sweden met in Madrid to agree on a trilateral agreement that paves the way for Finland and Sweden’s NATO…

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Non-refoulement During a Health Emergency

The rapid spread of the COVID-19 virus worldwide has sparked continuous scientific debates about the impact of the health emergency and its legal implications. In an attempt…

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M.N. and Others v Belgium: no ECHR protection from refoulement by issuing visas

 With its inadmissibility decision in M.N. and Others v Belgium delivered on 5 May 2020, the Grand Chamber of the ECtHR made it clear that individuals who…

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Covid-19: Italy is not a “place of safety” anymore. Is the decision to close Italian ports compliant with human rights obligations?

The Inter-ministerial Decree n. 150 of 7 April 2020 of the Italian Minister of Infrastructure and Transport, in agreement with the Ministers of Foreign Affairs, Interior and…

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The ECtHR on Disembarkation of Rescued Refugees and Migrants at Greek Hotspots

The storm-tossed question of disembarking rescued refugees and migrants The pressure of mass migration in the Mediterranean on EU sea-border states calls for other member states…

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An Unforeseen Pandora’s Box? Absolute Non-Refoulement Obligations under Article 5 of the ILC Draft Articles on Crimes Against Humanity

Introduction In 2013, the International Law Commission (ILC) added to its long-term work programme the topic of a convention on the prevention and punishment of crimes…

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“We are tidying up”: The Global Compact on Migration and its Interaction with International Human Rights Law

Editor's note: This post is part of the ESIL Interest Group on Migration and Refugee Law symposium on The UN Global Compacts on Migration and Refugees: The Twin Peaks?…

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Joint Blog Series on International Law and Armed Conflict: Better Safe Than Sorry: Transferring Detainees Safely to Coalition Partners

The third post in our joint series hosted by the ICRC Humanitarian Law & Policy Blog, EJIL Talk! and Lawfare, and arising out of the 6th Transatlantic…

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Part 1: A few steps forward, a few steps sideways and a few steps backwards: The CAT’s revised and updated GC on Non-Refoulement

On 6 December 2017, after a year long consultation process with states and civil society representatives, the Committee against Torture (CAT) adopted its revised General Comment (GC)…

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