Does International Law Permit Deportation With Assurances?

By Shriya Maini*

(This post is second in the series by Shriya where she writes on contemporary issues of international criminal law and human rights.)

I discuss the current law on deportation subject to diplomatic assurances, in the backdrop of the judgement of Othman (Abu Qatada) v. the United Kingdom[1] and conclude that though deportation with assurances (“DWA”) are extremely controversial, particularly since they are not legally binding, they are not always insufficient to meet the receiving state’s obligations: if the assurances cover the prohibited activities, relate to a situation over which the assuring state has control, and come from a reliable source then arguably, the receiving States can rely on it. [2]