The Principle of non-refoulment and the legal findings in the Sale v. Haitian Centers Council case

There are many national and international legal safeguards regarding the rights of the refugee including strict state liability under the international law. Bangladesh has created an example saving the innocent lives of the peoples drove out from Myanmar recently. According to (Article 33/1) of the United Nations Convention on the Rights of Refugee, 1951; every state is bound to follow the "Principle of non-refoulment" which is a principle of customary international law prohibiting the extradition of an alien to his/her state of origin/another state where there is a risk that his life/freedom would be threatened for discriminatory reasons. Since the principle has evolved into a norm of customary international law,as a result states are bound by it whether/not it is a party to the 1951 refugee convention. This principle is also a part of so called "jus-cogens" which are fundamental principles of international law which is accepted by the international community of states as a norms which no derogation is permitted. The grounds for exception of non-refoulment principle are convicted criminals, person suspecting violated international criminal law,where national security risks engaged etc.The history reminds us about an international case when according to Executive Order No. 12807 signed by President George H. W. Bush in 1992, the US Coast Guard was required to force the return of all passengers discovered illegally traveling by sea from Haiti to the United States before reaching its borders without determining whether they qualify as refugees.In that case of Sale v. Haitian Centers Council, Inc.,509 U.S. 155 (1993) ; the United States Supreme Court ruled that the correct textual interpretation of (Article:33) of the 1951 Refugee conventions did not prohibit the US coast guards from obstructing Haitian refugees before they reached the border. The Article doesn't prohibit such actions of preventing asylum seekers from reaching the state border. The international customary law imposed liabilities upon the states to shelter the refugees on the ground of respecting basic human rights and human dignity but also recognized right to defend its territorial sovereignty by states in certain circumstances. 

The case details of Sale v. Haitian Centers Council is available in the following link: (  )