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Non-Refoulement Obligations under Article 1F(a) of the refugee Convention

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Non-Refoulement Obligations under Article 1F(a) of the refugee Convention

This article explores the intersection between international criminal law and international refugee law, namely, by examining the requisite threshold necessary to establish culpability under Article 1F(a) of the Convention Relating to the Status of Refugees (Refugee Convention) for an asylum claimant who has committed “a crime against peace, a war crime, or a crime against humanity.” The definition of “a crime against peace, a war crime, or a crime against humanity” as defined under the Rome Statute of the International Criminal Court (Rome Statute) as well as jurisprudence from international courts and tribunals will be discussed. Given the wide-ranging implications of excluding an asylum claimant from refugee status, it is important to bring clarity to the law on what constitutes “serious reasons for considering” culpability thresholds. The reason for such importance is to prevent those deserving international protection from being excluded from refugee status. Such an exclusion may heighten the possibility of the refugees being sent back to persecution, death, torture, or other situations where the refugee’s life or freedom would be threatened, thus violating the principle of non-refoulement.