TANGGUNGJAWAB ITALIA ATAS PELANGGARAN PRINSIP NON REFOULEMENT TERHADAP PENGUNGSI JALUR LIBYA

Maharani, Ni Made Dayita (2022) TANGGUNGJAWAB ITALIA ATAS PELANGGARAN PRINSIP NON REFOULEMENT TERHADAP PENGUNGSI JALUR LIBYA. S1 thesis, Universitas Atma Jaya Yogyakarta.

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Abstract

Since 2016 there has been an increase in the number of refugees set out from to Italy via the Western Mediterranean Sea to apply for asylum. But the Italian government take an action to refused the refugees and refused to examine their asylum requests. This thesis aims to analyze the form of state responsibility of Italy for violations of the principle of non-refoulement committed to Libyan route refugees. This thesis uses normative research methods by reviewing literatures studies from convention, protocol, books, journals, and some sources from the internet which are related to non-refoulement principal. The result of this research show, as a member state of the 1951 Convention and the 1967 Protocol on the Status of Refugees, Italy has an obligation to honor and carry out its obligations in the Convention, one of which is the prohibition of refouelement. The actions of Italy which has failed to carry out its obligations in violation of the principle of non-refoulement set forth in Article 33 paragraph (1) of the 1951 Convention give rise to a state responsibility. Based on the ILC Draft of Responsibility of States for Internationally Wrongful Acts of 2001, state responsibility that can be carried out by Italy is Restitution. While the legal attempts that can be taken by refugees is to apply a lawsuit through European Court of Human Rights (ECtHR).

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