The Statelessness of Syrian War Refugees

Seeking Refuge through the Universal Human Right to Non-Refoulement in International Law?

Abstract

The Syrian crisis has forced the mass displacement of refugees attempting to escape the armed conflict in search of security at the borders of surrounding states. Amidst the chaos, the question of whether international law obligates the international community to take action arises. This paper examines whether the principle to non-refoulement under Article 33(1) of the 1951 Convention Relating to the Status of Refugees is a universal human right for persons seeking asylum from the war-torn state of the Syrian Arab Republic. Syrian asylum-seekers experience the ‘war flaw’ – the failure of international law to account for persons fleeing from armed conflict as legitimately entitled to refugee status. This paper argues that a human right to non-refoulement may exist in international law for war refugees. This may legally obligate states to accept Syrians as refugees entitled to non-refoulement without forcing their return under such critical circumstances.