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Abstract

This doctoral thesis, titled 'The Principle of Non-Refoulement for Food Deprived-Forced Migration', is a study of international protection for food-deprived forced migrants, or, as the term suggests, instances of forced migration occurring internationally and involving an element of food deprivation. This thesis is predicated on the idea that public international law can effectively respond to flight arising from food deprivation by utilising the principle of non-refoulement. The central research question of this thesis is — How does the principle of non-refoulement in international law apply to food-deprived forced migrants? What are the relevant areas and sources of international law to protect food-deprived forced migrants against refoulement? The choice of topic for this thesis is motivated by the reality that food deprivation is an important driver of forced migration, and the subsequent curiosity as to why food deprivation has not been addressed by international law to reflect such concern. This thesis delineates three areas of international law that carry prohibitions on refoulement, under which the issue of food-deprived forced migration is examined — (i) international refugee law, (ii) international human rights law, and (iii) international humanitarian law. The three areas prescribe varying but complementary legal standards of non-refoulement: persecution; torture, cruel, inhuman and degrading treatment or punishment and irreparable harm; and in the specific context of armed conflicts — and comprehensively engage with food deprivation as a driver of forced migration. Through a detailed analysis grounded in these standards, this thesis illustrates the multifaceted avenues through which food deprivation engenders risk, thereby advocating for the applicability of the non-refoulement principle in these contexts.

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