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Shatz-Cohen Appeal To High Court Sep05-12 (Asylum Seekers On Border)
Shatz-Cohen Appeal To High Court Sep05-12 (Asylum Seekers On Border)
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03-5189663 '
,03-5186642 '
052-3563782 ,050-7547079
info@shatz.co.il
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2010
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http://www.pmo.gov.il/MediaCenter/SecretaryAnnouncements/Pages/govmes281110.
aspx#six
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:Non-Refoulement E. Territorial application
Since the purpose of the principle of non-refoulement is to ensure that refugees are
protected against forcible return to situations of danger it applies both within a
State's territory and to rejection at its borders. It also applies outside the territory
of States. In essence, it is applicable wherever States act.
It has been argued that the principle of non-refoulement is not binding on a State
outside its own national territory, so that a Government may return refugees
directly to persecution provided they have not yet reached or crossed its borders.
This claim is clearly inconsistent with the purpose, and is contrary to the spirit, of
the 1951 Convention and its 1967 Protocol, as well as of international refugee law
generally. No such territorial limitation applies, for instance, to UNHCR's
mandate to provide international protection to refugees. In fact, UNHCR's position
on interdiction-at-sea is that this is inconsistent with the international refugee
protection regime, especially since, among those leaving, there may be people
who have concerns about their physical security and safety. There must be a
possibility for these people to reach safety and have their protection needs
assessed and met. Interdiction and compulsory return preclude this.
http://www.unhcr.org/cgi-bin/texis/vtx/refworld/rwmain?docid=438c6d972
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(Executive Committee,
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-non-refoulement
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EXCOM).
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