There’s no place like home: states’ obligations in relation to transfers of persons Emanuela-Chiara Gillard* Emanuela-Chiara Gillard is Chief,Protection of Civilians in Armed Conflict Section, Policy Development and Studies Branch of the United Nations Office for the Coordination of Humanitarian Affairs. Abstract The article sets out states’ obligations in relation to transfers of persons under international law, and revisits the key elements of the principled non-refoulement, including its application where persons are transferred from one state to another within the territory of a single state; the range of risks that give rise to application of the principle; important procedural elements; and the impact on the principle of so called diplomatic assurances. In recent years the detention operations of multinational forces in Iraq and Afghanistan as well as states’ counter-terrorism activities have led national courts, international human rights supervisory bodies and humanitarian practitioners to take a closer look at states’ obligations in relation to transfers of persons they are holding and, in particular, the application of what is often referred to as the principle of non-refoulement. Volume 90 Number 871 September 2008 * At the time of the writing the author was a legal advisor in the Legal Division of the ICRC. This article reflects the views of the author alone and not necessarily those of the ICRC or the Office for the Coordination of Humanitarian Affairs. 703
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