Il principio di non-refoulement

The principe of non-refoulement, established by Article 33 of the 1951 Geneva Convention Relating to the Status of Refugees, has received recently more attention due to several cases of interception of migrants on the high seas. Its implementation deserves a deep analysis: through the ECHR Case Law and the IACHR Case Law related to violations of the norm concerning the prohibition of torture, the principle of non-refoulement can be applied indirectly. Furthermore, also in the EU Law, it is regarded as the cornerstone of the Refugee Law. The extraterritorial application of the principle and the jus cogens nature of the norm concerning the prohibition of torture pave the way for the jus cogens nature of the norm concerning the non-rofulement.