Options for Pakistan: Inter-relationship between Refugee Law and Human Rights Law

In recent times, there has been an increase in the intersection between refugee law and International Human Rights Law (IHRL). The aim is to extend protection for all individuals. Refugee law is considered to be restrictive and is supplemented with IHRL which offers more comprehensive border safeguards. However, this intersection comes as a challenge for Pakistan to balance IHRL obligations, especially regarding non-refoulment (NR) where there is a threat of torture or cruel, inhumane, or degrading punishments (PTCI). PTCI is now recognized as customary international law and has worked to expand the scope of NR beyond refugee law offering protection even in the absence of refugee status. The Human Rights Committee (HRC) has imposed NR based on the risks of PTCI and based on IHRL conventions. In such a situation, NR has a chance to reach the stage of customary international law. Such a situation poses international law challenges for Pakistan as its sovereignty may come under threat.