Protection against torture in western security frameworks: the erosion of non-refoulement in the UK-Libya MOU

This paper attempts to show that the memoranda are both an extension of the UK's security-focused migration policies and in conflict with the UK's human rights obligations; whereby it is argued that the memoranda represent an effort by the UK, pre-dating and accelerated by the September 11th attacks, to frame migration policy control as a national security goal.

Furthermore, it is argued that the non-binding nature of the memoranda and lack of mechanisms for implementation and legal redress could negatively impact the principle of non-refoulement to torture. This document is organized under the following main headings after the introduction: 'Memoranda of understanding in a security framework', 'Memoranda of understanding in an international legal framework', 'Implementation implications of the UK-Libya MOU', and conclusion.