PRINCIPLE OF NON-REFOULMENT AND ITS LIMITS IN THE CONTEXT OF CONFLICTS IN SYRIA AND UKRAINE

Abstract

This paper examines complexities and dynamics surrounding the principle of non-refoulment within the context of the conflicts in Syria and Ukraine, both of which significantly influence European Union refugee policies. While one conflict is intrastate and the other interstate, each of them plays a pivotal role in shaping how refugees are received and treated within the European Union. The study explores the legal framework, practical applications, and arguments concerning exceptions to non-refoulment, focusing on its significance. Furthermore, it highlights contrasting responses that reveal disparities in treatment and pose challenges, such as contradictory safety assessments in Syria and variations in the European Union’s reception of the Ukrainian refugees. The swift activation of the Temporary Protection Directive (TPD) in Ukraine serves as a model for effective international response, yet critiques emerge regarding unequal treatment and perceptions of racial bias. Conversely, the Syrian situation highlights the complexity of the crisis with debates over safety assessments and the reluctance of certain countries to accept refugees. While security concerns might occasionally warrant the categorization of refugees, such actions must strictly adhere to the principles outlined in international law and human rights norms. The study underscores the importance of upholding the non-refoulment principle in addressing the refugee crisis amidst present-day complexities and challenges.