The Refugee in Law and Practice: In the Face of Western States’ Pushback Policies

Abstract

The present Article revisits the refugee definition and the non-refoulement principle in the context of some western states’ pushback policies under international law. Recent incidents have shown that some western states have pushed back refugees by employing a nativist approach for political ends. In addition, mentioned western states in many situations have made references to produced false narratives about refugees to justify their illicit actions. By bringing the refugee definition of international law to light, this Article aims to set forth the illegality of these states’ goal of manipulating the existing legal definitions. To this end, the Article first explains what a refugee is in international law, freeing it from the above-mentioned false narratives. Second, the analysis establishes the illegality of refugees’ pushback under international law, which contradicts the non-refoulement principle. Furthermore, potential solutions to suppress the states’ illegal actions within the scope of pushbacks will be discussed separately by this Article. Finally, to conclude, the Article points that states find ways to create legal loopholes by ignoring the recognized rights of refugees. But it also underlines that being determined to find solutions that will deactivate pushback policies is essential to ensure that every alien has the right to seek asylum.