NichtZurückweisung

Nichtzurückweisung, in English non-refoulement, is a fundamental principle of international refugee and human rights law prohibiting states from expelling, returning, or extraditing a person to a territory where their life or freedom would be threatened on account of race, religion, nationality, membership in a particular social group, or political opinion.

The legal basis for Nichtzurückweisung is primarily found in the 1951 Convention relating to the Status of Refugees (Article 33), as well as its 1967 Protocol. The prohibition is reinforced by other instruments, including the International Covenant on Civil and Political Rights and the UN Convention Against Torture. Many national constitutions and regional frameworks also enshrine the principle, reflecting its status as a rule of customary international law in practice.

Scope and application: Nichtzurückweisung applies to refugees and asylum seekers, as well as others at risk of persecution or serious harm. It obliges states to assess protection needs and to refrain from returning individuals to places where they would face threats to life or freedom. In many jurisdictions, the rule governs both direct expulsion at the border and the transfer of individuals between countries, including refoulement through indirect or covert means.

Exceptions and limitations: The principle is not absolute. Some instruments permit limited exceptions in narrowly defined circumstances, such as compelling national security or public safety concerns, or where the person has committed serious crimes. Even in such cases, actions must adhere to due process, be proportionate, and seek to minimize risk to the individual.

Implementation and oversight: Nichtzurückweisung is monitored by international bodies, regional courts, and national tribunals. Violations can lead to international responsibility, injunctions, and remedies for affected individuals.