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Access To Protection: Negotiating Rights And Diplomatic Assurances Under Memoranda Of Understanding, Mariagiulia Giuffré

Mariagiulia Giuffré

With the pretext of the global ‘war on terror’, States have repatriated a notable number of individuals who are considered threats to the public safety of the host country. Expulsion orders have often been issued on the basis of Memoranda of Understanding (MoUs)—written accords that enumerate a long list of undertakings dictating guarantees for the fair and human treatment of returnees. This paper aims to investigate whether the implementation of diplomatic assurances, whether formalized or not within MoUs, can undermine core refugee rights. Through a detailed review of international human rights case law, it observes that the text of MoUs …