Non – Refoulement, Exclusion Principle and Terrorism

This policy brief focuses on terrorism concerning international refugee law, particularly the principle of non-refoulement. Though largely recognized as one of the most critical security threats in the contemporary era, no definition has been established regarding terrorism under international law. This vagueness causes difficulties in applying the principle of non-refoulement which guarantees that no one should be returned to a country where they would face torture, cruel, inhuman or degrading treatment or punishment and other irreparable harm. Moreover, even within refugee law, it is a controversial question whether terrorism is within the ambit of exclusion principle due to a person being convicted of a serious non-political crime. For this purpose, the brief examines UNHCR guidelines concerning the exclusion of persons from refugee status based on Article 1F of the 1951 Refugee Convention. It points out the legal intricacies of serious non-political crimes to analyze the relationship with the crime of terrorism. The brief asserts that terrorism can be treated as a serious non-political crime, based on the disproportionate violations of fundamental human rights legitimizing the exclusion from refugee status under UNHCR’s documents and UNSC resolution.