Research On The Principle Of Non-Refoulement Under The Background Of European Refugee Crisis

Since 21st century,due to the intensification of regional conflicts and local wars,the refugee problem has always affected the sensitive nerves of the international community.Especially after 2010,the United States and Europe actively participated in local wars against West Asia and North Africa,which caused turbulence in West Asia and North Africa,and the number of refugees surged.Due to its geographical proximity to Middle East and North Africa,Europe has a high level of economic and social welfare development and has a tradition of refugee reception,it has become the refugee's preferred destination for asylum.According to official EU reports,more than 1 million asylum seekers have been denied access to the European border and ordered to return from Europe or to their country of origin as soon as possible.In addition,asylum seekers who have obtained temporary protection will be pushed back to their country of origin once their conditions improve,regardless of whether the status quo of their country of origin is worrying.Although the EU's approach to tightening refugee policies reflects the value orientation of regional or national interests to a certain extent,the lack of formal legislative basis and law enforcement procedures has caused a large number of factual refugees to fall into the legal "middle ground",resulting in Refugees'failure to obtain the necessary protection not only undermines the international humanitarian spirit,but also violates the principle of refugee non-refoulement,demonstrating the difficult structural conflicts between European refugee asylum laws and the principle of non-refoulement.The principle of non-refoulement of refugees is the most basic legal principle in international refugee law and the humanitarian obligation that countries should undertake in dealing with refugee issues.According to the 1951 UN Convention on the Status of Refugees(hereinafter referred to as the "Refugee Convention"),the principle of non-refoulement is the core principle of international refugee law,and each State party must implement the principle of non-refoulement under the application of exceptions.It requires The State party shall not push the refugees back to the territorial border whose life or freedom is threatened in any way,including the three aspects of non-refusal,non-extradition,and non-eviction.At the same time,there are exceptions to the national security that apply to the principle of non-refoulement,which leaves a lot of discretion for countries in their specific practice.In actual politics,countries are reluctant to accept refugees for the sake of safeguarding their own security or economic interests.However,the refugee problem is a global issue that requires all countries to work together,take corresponding responsibilities on the basis of unified rules,and cooperate to deal with more serious future problems.Therefore,the principle of non-reversal was clearly opposed to the reality of politics at the beginning of its establishment,especially in the case of a large-scale influx of refugees.Its practical applicability deserves our in-depth discussion.Therefore,the principle of non-reversal was clearly opposed to the reality of politics at the beginning of its establishment,especially in the case of a large-scale influx of refugees.Its practical applicability deserves our in-depth discussion.Especially in the context of the European refugee crisis,refugee protection has become a general concern of the international community.The policies and actions taken by Europe in the face of this crisis have shown its plight and embarrassment in refugee protection,especially for The violation of the basic principle of "do not push back" in international refugee law.In the face of the huge impact of the European refugee crisis on European politics,economy and security,the EU and its member states continue to tighten their refugee policies,or increase the difficulty of refugee screening,or exchange interests with "safe third countries" to block refugees,or It is to directly close the border with Europe and keep the refugees out.A variety of practices have caused a large number of refugees to stay on the border of South-Eastern Europe or Greece,Italy and other countries.Some refugees have been severely deported.More seriously,some refugees have turned to "trafficking" human trafficking organizations,hoping to enter Europe by special means.However,due to the tragic death due to the extremely low safety factor,the refugees were pushed back to the "serious threat to their lives and freedom".Although the EU's retrenchment policy on refugees reflects the value orientation of sovereign national interests to a certain extent,due to the lack of formal legislative basis and law enforcement procedures,many real refugees are caught in the legal "middle ground",resulting in refugees' rights and interests Unable to get the protection that it deserves,undermining the international humanitarian spirit,violating the principle of non-refoulement of refugees,demonstrating the structural contradiction that is difficult to reconcile between asylum systems and practices in Europe and the principle of non-refoulement.Till now,the afterglow of the European refugee crisis in 2015 has not yet dispersed from the European continent.A large number of refugees are stranded on the border between Turkey and Greece.They may move westward at any time due to the deterioration of the situation,which may lead to a new round of refugee crisis.This article takes the European refugee crisis as the background,examines the applicability of the principle of non-refoulement in real politics,especially with Europe as a research object,analyzes the contradictions and causes of the European refugee asylum system and the principle of non-refoulement,and then looks further Transfer from the institutional level to the practical level,examine the extent to which the EU and its member states have followed the principle of non-refoulement of refugees in dealing with refugee crises,and analyze the actions of certain member states in Europe or violate the principle of non-refoulement through specific cases.On the basis of systematic analysis of contradictions and causes,some countermeasures are put forward for the dilemma of not pushing back the principles and real politics.