The principle of NON-REFOULEMENT in international refugee law (Article 33 Refugee Convention 1951; CAT Article 3) prohibits a State from:
Answer & Solution
Correct answer: D.
1. Article 33(1) Refugee Convention 1951: 'No Contracting State shall expel or return (refouler) a refugee in any manner whatsoever to the frontiers of territories where his life or freedom would be threatened on account of his race, religion, nationality, membership of a particular social group or political opinion.'
2. Article 33(2) — exception for those constituting a danger to security of host country or convicted of particularly serious crime.
3. Article 3 Convention Against Torture (CAT) 1984: prohibits return to a State where there are substantial grounds for believing the person would be in danger of being subjected to TORTURE — non-derogable.
4. The principle is widely regarded as customary international law.
5. Hence option B is correct.
_Source: UN Charter 1945 / Vienna Convention on Law of Treaties 1969 / ICJ Statute / ARSIWA 2001 — Convention Relating to the Status of Refugees 1951, Article 33; Convention Against Torture 1984, Article 3_
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