The war in Ukraine has been in many ways a bonfire of the institutions. Governments across the West have systematically ignored their own domestic and international laws in the service of the Ukrainian cause.
Let's talk about efforts to conscript Ukrainian refugees in Europe.β¬οΈ
Let's talk about efforts to conscript Ukrainian refugees in Europe.β¬οΈ
Non-refoulment of refugees is a core principle of international law, arguably a ius cogens norm on par with things like the prohibitions on torture and slavery.
The principle is that you cannot place refugees back into danger of further persecution.
See: en.wikipedia.org
The principle is that you cannot place refugees back into danger of further persecution.
See: en.wikipedia.org
It is enshrined in the 1951 Refugee Convention, ratified by essentially all European states relevant to this discussion, as well as in a more limited way through the 1987 Convention Against Torture.
Fig. 1 - Parties to the Refugee Convention
Fig. 2 - Parties to the CAT
Fig. 1 - Parties to the Refugee Convention
Fig. 2 - Parties to the CAT
These conventions were spurred by widespread mistreatment and suffering among asylum-seekers before and during WWII, when many refugees from genuine, mortal danger (particularly Jews fleeing Nazi Germany before the war) were turned back by uncaring governments and thus doomed.
The risk of refoulment if returned to their country of origin is essentially what makes a refugee a refugee - they had to flee danger and that danger obviously still exists.
This legal obligation is why "bona fide" refugees cannot simply be deported from whence they came.
This legal obligation is why "bona fide" refugees cannot simply be deported from whence they came.
Western countries have generally adhered to this principle very strictly, even to the point of absurdity.
Unfortunately this has led to much "gaming the system" by migrants making absurd claims. See for instance these military-age male "child refugees" in the United Kingdom.
Unfortunately this has led to much "gaming the system" by migrants making absurd claims. See for instance these military-age male "child refugees" in the United Kingdom.
As with many Western standards, this one has been inverted when it comes to Ukrainian refugees. governments have been badgering male Ukrainian refugees to return home to be conscripted to fight the Russians for months now. Some may have actually conducted deportations.
Forcing refugees to return home to fight in the army in a literal war zone is, I am sure you will agree, somewhat problematic from a refoulment standpoint. Such measures were never even considered when it came to the war against ISIS.
But for Ukraine? Anything goes, apparently.
But for Ukraine? Anything goes, apparently.
Addendum: Translated excerpt from an interview with General Waldemar Skrzypczak, former commander of the Polish Army.
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