Diplomatic Assurances

William Thomas Worster

Chapter 19 in Elgar Concise Encyclopedia of Migration and Asylum Law, 2025, pp 110-115 from Edward Elgar Publishing

Abstract: When a person who is being removed from a state might be mistreated upon arrival in the receiving state, the expelling state may request diplomatic assurances that no mistreatment will come to the person. These communications take a wide variety of forms and have no fixed content, but the objective for all of them is to convince the expelling state that the person is not at risk. If the receiving state is successful in addressing the concerns, then any risk to the person may be mitigated and the state may expel the person without violating its non-refoulement obligation. However, these communications are usually non-binding and contain no enforcement mechanisms, and, in any event, they may not in themselves be persuasive enough that the receiving state has truly eliminated the risk to the person.

Keywords: Diplomatic assurances; Deportation; Extradition; Expulsion; Non-refoulement; Torture; Persecution; Death penalty; Human rights; Memorandum of understanding; Promises; Secret; Monitoring; Compliance; Enforcement (search for similar items in EconPapers)
Date: 2025
ISBN: 9781802204148
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