CONCEPTUAL REVIEW AND HISTORICAL FRAMEWORK OF THE PROHIBITION OF COLLECTIVE EXPULSION IN PUBLIC INTERNATIONAL LAW

This study examines the concept and historical development of the prohibition of collective expulsion in international human rights law. It first introduces the term “collective expulsion” as an arbitrary return of foreigners from a state’s territory without the individual assessment of their personal circumstances or legal rights. The study highlights that the emergence of the prohibition of collective expulsion is to protect the dignity, rights, and freedoms of individuals, particularly Foreigners. The Paper seeks to explain the concept of collective expulsion and to trace its historical evolution by exploring the gradual development of legal norms that prohibit it within international and regional human rights systems. The study adopts the doctrinal research method through relevant international legal instruments and scholarly articles. It uses the qualitative and analytical approach to interpret legal principles and historical developments relating to the prohibition of collective expulsion. The paper finds that even though collective expulsion was used by states to protect national interests in the old, the development of international human rights law today has led to the prohibition. It explains that for expulsion to occur, state must allow for assessment and due process of every individual or group of individuals before any expulsion is carried out. The study recommends that states should protect fundamental human rights while acknowledging the concerns of national security. This implies that State must balance the protection of human rights while preserving state sovereignty.