Cookies Policy

This site uses cookies. By continuing to browse the site you are agreeing to our use of cookies.

I accept this policy

Find out more here

Non-Refoulement between ‘Common Article 1’ and ‘Common Article 3’

Brill’s MyBook program is exclusively available on BrillOnline Books and Journals. Students and scholars affiliated with an institution that has purchased a Brill E-Book on the BrillOnline platform automatically have access to the MyBook option for the title(s) acquired by the Library. Brill MyBook is a print-on-demand paperback copy which is sold at a favorably uniform low price.

Access this chapter

+ Tax (if applicable)

Chapter Summary

This chapter considers the question of whether non-refoulement obligations in armed conflicts arise for non-belligerent States. According to Article 1 Common (CA1) to the 1949 Geneva Conventions, all High Contracting Parties (HCPS) undertake to 'respect and to ensure respect' for the Conventions 'in all circumstances'. It is argued that CA1 applies both in international armed conflicts (ICAS) and in non-international armed conflicts (NIACS). In turn, the terms of Article 3 Common (CA3) to the 1949 Geneva Conventions, which regulates NIACS, serve as a 'minimum yardstick' which 'must a fortiori be respected in the case of international conflicts'. The chapter concerns situations where persons 'taking no active part in hostilities' flee from territories where, due to an armed conflict, they are exposed to real risk of violations of CA3, to the territory of a HCP that is not party to that armed conflict.

Keywords: Geneva Conventions; High Contracting Parties (HCPS); international armed conflicts (ICAS); non-international armed conflicts (NIACS); non-refoulement



Can't access your account?
  • Tools

  • Add to Favorites
  • Printable version
  • Email this page
  • Recommend to your library

    You must fill out fields marked with: *

    Librarian details
    Your details
    Why are you recommending this title?
    Select reason:
    Refuge from Inhumanity? War Refugees and International Humanitarian Law — Recommend this title to your library
  • Export citations
  • Key

  • Full access
  • Open Access
  • Partial/No accessInformation