This research addresses the concept of a refugee in light of international conventions, particularly the 1951 Geneva Convention Relating to the Status of Refugees and its 1967 Protocol, while clarifying the legal conditions required for acquiring refugee status. The study also examines the rights and obligations of refugees, as well as the rights and obligations of the host state toward them. Furthermore, the research discusses the legal basis of the principle of non-refoulement in international and regional instruments, highlighting its historical development and legal nature, whether as a treaty-based obligation binding upon States Parties to the Refugee Convention or as a customary rule of international law binding upon all states, including those not party to the relevant conventions.
The study further analyzes the substance of the principle of non-refoulement, the limits of its application, and the exceptions thereto, particularly those related to threats to national security or public order. It also clarifies the relationship between this principle and other related legal concepts such as expulsion, deportation, extradition, and forced displacement. The study demonstrates that the principle of non-refoulement is not limited solely to officially recognized refugees, but also extends to asylum seekers whose applications have not yet been finally determined, in order to ensure that they are not returned to places where they may face serious risks.
The study concludes that the principle of non-refoulement constitutes the cornerstone of the international refugee protection system, and that its observance represents both a legal and humanitarian obligation incumbent upon all states, due to its essential role in safeguarding human dignity and protecting fundamental human rights. The study further emphasizes the necessity of strengthening international monitoring mechanisms and ensuring the effective implementation of this principle in accordance with the rules of international law and the requirements of humanitarian justice