The Relationship between Safeguarding Internal Security and Complying with International Obligations of Protection. The Unresolved Issue of Excluded Asylum Seekers NINA LARSAEUS* LL.M. Fa culty of La w, Lund University, Sweden Abstract . In the wake of the terrorist attacks of 11 September Article 1F, the ‘exclu- sion clause’, of the Refugee Convention attracted renewed attention. The exclusion clause obliges states to exclude individuals suspected of certain crimes from obtain- ing status as a refugee. Recently, the European Commission has adopted a proposal for a Council Directive introducing the exclusion clause as a central feature in the eligi- bility test for protection under the Common European Asylum System. Still, not all excluded asylum seekers can be expelled. Central human rights treaties prohibit r efoulement that would put the individual at risk of being subjected to torture or cruel or inhuman treatment. Although this may apply to a considerable part of this group the fate of these individuals still remains unresolved. The Commission apparently puts faith in the principle of aut dedere a ut judicare : if states are unable to expel excluded individuals they are obliged as a matter of international law to prosecute them under their own
Nordic Journal of International Law – Brill
Published: Jan 1, 2004
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