Home arrows Journal 2024 arrows

Article by SHPAKOVSKII Anton

release pdf

Download PDF

Moldavian Journal of International Law and International Relations

DETENTION OF REFUGEES AND ASYLUM SEEKERS IN THE LIGHT OF INTERNATIONAL LEGAL STANDARDS AND INDIVIDUAL STATE PRACTICE

Author: SHPAKOVSKII Anton

JEL Classification: K33

Universal Decimal Classification: 341.2; 341.231.14; 341(4/9)

DOI: https://doi.org/10.61753/1857-1999/2345-1963/2023.19-2.10

SHPAKOVSKII Anton - PhD Student, Departament of International Law, Law Institute, RUDN University (Peoples Friendship University of Russia “Patrice Lumumba”), (Moscow, The Russian Federation).

https://orcid.org/0009-0000-5119-2696

Email: 1142220775@rudn.ru

Keywords: international law, international refugee law, refugees, human rights, refugee rights, US migration policy, detention.

Abstract

The number of refugees and asylum seekers is growing annually all over the world, and in some regions migration processes are becoming particularly large and uncontrollable. As a result, governments in many countries are increasingly resorting to the use of migration policy instruments such as detention and imprisonment of arriving persons. Contrary to international legal norms limiting the use of detention to exceptional cases, this practice is becoming a daily occurrence and is accompanied by massive human rights violations, making it one of the most pressing issues in international refugee law. The present article is devoted to the analysis of the national legislation and practice of implementation of the migration policy of the United States of America in the context of compliance with the norms of international law governing the detention and custody of refugees and asylum seekers.