Can’t be held responsible: Weak norms and refugee protection evasion

Abstract

States have increasingly moved away from refugee protection, intensifying the vulnerability of refugees and asylum-seekers. Drawing on theories of norm dynamics within International Relations (IR), this article argues that departures from refugee protection can be partly explained by the weakness of the normative principles governing the treatment of individuals fleeing persecution. Ambiguities, diverging interpretations, and varying levels of codification complicate efforts to hold states accountable to a complex bundle of human rights standards surrounding refugee and asylum protection. These weaknesses in the international refugee regime bolster norm-evading behavior wherein governments deliberately minimize their obligations while claiming technical compliance. Drawing on an analysis of US refugee and asylum policies under the Trump administration, the article reveals how norm evasion and accountability challenges emerge in the context of ambiguous standards vis-à-vis non-refoulement, non-detention, non-penalization, non-discrimination, and refugee responsibility-sharing.