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13 - Torture and the Rule of Non-refoulement

Published online by Cambridge University Press:  17 April 2025

Stuart Casey-Maslen
Affiliation:
University of Johannesburg
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Summary

The rule of non-refoulement under international law protects a person from being handed over to the jurisdiction over another State where there are substantial grounds for believing that they will be at clear risk of suffering irreparable harm, particularly in the form of killing, enforced disappearance, torture, or other ill-treatment. The version of the rule of non-refoulement included in the 1984 UN Convention against Torture protects a person from return only against the risk of torture. But the broader formulation of the rule that has crystallized as custom in international law also concerns other ill-treatment as well.

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Publisher: Cambridge University Press
Print publication year: 2025

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