Protection of refugees is one of the international community’s responsibility. Geneva
Convention 1951 and New York Protocol 1967 is one of the real proof in handling the
protection of refugees. But many countries forbids refugees from entering their territory,
such as Netherland and United States of America that banned refugees from Middle East.
This thesis aimed to find out wether this action violates the non-refoulement principles that
stated in Geneva Convention 1951 and New York Protocol 1967 or not. Non-refoulement is a
principle that forbids a country from returning refugees to the country where their life would
be threatened. This thesis using normative legal research by reviewing literatures studies
from convention, protocol, books, journals, and some sources from internet. Based on this
thesis, the action of Netherland and United States are violates the non-refoulement principle
because refugees have a right to get a protection and since they are not a criminals so they
are not an exception of the non-refoulement principles. But there are no concrete penalty for
those countries that violates the convention.