ABSTRACT
This chapter charters the legal bases, applicability and scope of the non-refoulement obligation in cases of a real risk of the death penalty. It describes how this rule is found in related but distinct normative regimes, chiefly refugee and human rights law. The chapter emphasizes that the non-refoulement principle enjoins the transfer of persons when there is a real risk of the death penalty not only in the context of extradition, but also in any other scenario of enforced removal. It outlines the distinct and specific non-refoulement obligations of abolitionist and retentionist states. The chapter considers the lawful use of assurances to remove the risk of the death penalty, especially in contrast with their use in cases where there is a real risk of torture or other ill-treatment. It assesses the rationale for compliance with the non-refoulement obligation in the context of the death penalty, common counter-arguments, and implications for the future administration of justice consistent with international human rights.
