“WHEN TO RETURN HOME” UNDER INTERNATIONAL LAW

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Yeditepe Üniversitesi Hukuk Fakültesi Dergisi
Cilt: 22 Sayı: 2
“WHEN TO RETURN HOME” UNDER INTERNATIONAL LAW

“WHEN TO RETURN HOME” UNDER INTERNATIONAL LAW

Pages : 607-632

View : 68 | Download : 98

Publication Date : 2025-06-26

Article Type : Research Paper

Abstract :This article examines the challenges of refugee repatriation in post-conflict settings and essentially focuses on the principle of non-refoulement. While the end of armed conflict is often expected to facilitate refugee return, legal frameworks—including refugee law, international humanitarian law (IHL), and international human rights law (IHRL)—offer differing interpretations of when and how repatriation should occur. Through case studies of Burundi and Bosnia and Herzegovina, the article highlights the complexities of voluntary return, state legitimacy, and peacebuilding efforts. The examined cases show the need for a rights-based approach in order to ensure safe and sustainable refugee return. Using IHRL and refugee law, the study argues that repatriation should be voluntary and accompanied by legal protections. The article underscores the need for rights-based repatriation policies to ensure sustainable peace and stability for both sending and home countries.
Keywords : geri göndermeme ilkesi, mülteciler geri gönderme, uluslararası insancıl hukuk, insan hakları hukuku, uluslararası mülteci hukuku

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