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All Journal Ex Aequo Et Bono Journal of Law SCLS
Yatani, Vincent Godana
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Law, Crime, Criminology & Criminal Justice

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Exclusion of the principle of non-refoulement in article 33 paragraph 2 of the 1951 refuge convention Yatani, Vincent Godana; Safrin, Mohammad; Wagian, Diangsa
Ex Aequo Et Bono Journal Of Law Vol. 1 No. 1: (July) 2023
Publisher : Institute for Advanced Science, Social, and Sustainable Future

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61511/eaebjol.v1i1.2023.108

Abstract

This study aims to examine whether non-refoulement in the refugee context has attained the status of a jus cogens norm or not and how the exceptions in Article 33(2) should be understood if non-refoulement is indeed considered as a jus cogens. This research adopts a normative juridical analysis approach to critically examine the status of the principle of non-refoulement. The study concludes that the principle of non-refoulement qualifies as a norm of jus cogens based on several key criteria. Firstly, it satisfies the requirements of a jus cogens norm by addressing matters of common concern to the international community, serving humanitarian purposes, and aligning with principles outlined in the UN Charter relating to treaties and the use of force in international relations. Secondly, the exception outlined in Article 33 Paragraph 2 of the Refugee Convention does not alter the non-derogable nature of the principle of non-refoulement. The fulfillment of Article 33 Paragraph 2 is contingent upon strict conditions and necessitates objective evidence to be provided by a country. The research is intended to contribute to the understanding of the normative status of the principle of non-refoulement within the framework of international refugee law.
INVISIBLE DISPLACEMENT: A CALL FOR COMPREHENSIVE LEGAL PROTECTION FOR "OTHER PERSONS OF CONCERN Yatani, Vincent Godana
Sriwijaya Crimen and Legal Studies Volume 1 Issue 1 June 2023
Publisher : Faculty of Law Sriwijaya University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28946/scls.v1i1.2788

Abstract

The global debate on forced migration, which focuses on international legal frameworks and policies, is subjugated mainly by the refugee narratives. The plight of displaced individuals who have been compelled to leave their homes but remain within their own country has received considerably less attention in the international arena due to the absence of a specific international legal framework that comprehensively addresses their unique challenges. These individuals, often generalized as "other persons of concern," attract little to no attention for protection and assistance from the global community. This research explores the legal protections currently available to "other persons of concern," and identifies gaps and challenges in these frameworks. The article analyzes existing literature on the subject, judicial decisions, and relevant legal instruments using the legal research method. The article argues for the urgent need to create a comprehensive legal framework that recognizes and protects the rights of "other persons of concern." Ultimately, this research makes a compelling call for the international community to recognize the vulnerability of "other persons of concern" and the pressing need to shift the discourse on forced displacement toward a more inclusive and comprehensive approach that recognizes the plight of all those who have been forcibly displaced, regardless of whether they have crossed an international border or not.
Co-Authors Diangsa Wagian, Diangsa Safrin, Mohammad