The Principle of Non-Refoulement between Normative Theory and Border Practice: A Case Study of the Bosnia-Croatia Border

This thesis investigates the systematic erosion of the principle of non-refoulement at the external borders of the European Union, specifically focusing on the corridor between Croatia and Bosnia-Herzegovina. As a cornerstone of international refugee law, non-refoulement prohibits the return of individuals to territories where they face a risk of persecution or torture. However, contemporary border management along the Balkan Route reveals a profound disconnect between this normative mandate and the empirical reality of "pushbacks". The central research question explores how the pushback practices carried out by Croatian authorities violate the principle of non-refoulement and how these violations are manifested in the lived experiences of those subjected to them. To answer this, the study adopts a qualitative methodology that integrates three distinct levels of analysis. First, it provides a legal-doctrinal review of the 1951 Geneva Convention, the CAT, the ICCPR, the ECHR, and the Common European Asylum System (CEAS) to clarify the scope of non-refoulement and the prohibition of collective expulsions. Second, it contextualizes the role of Croatia as "Europe’s Border Guard", examining the geopolitical pressures of Schengen accession and the role of Frontex. Third, the research presents primary empirical data collected through fieldwork in the Una-Sana Canton (Bihać), consisting of semi-structured interviews with people on the move. By triangulating these first-hand testimonies with reports from NGOs and international organizations, the thesis identifies recurring patterns of systemic violations. The analysis concludes that pushbacks at the Croatian border do not represent isolated procedural errors but rather a deliberate element of a control apparatus that operates in a legal "grey zone". Ultimately, the work argues that the normalization of such practices represents a profound crisis for the Rule of Law and the fundamental values of the European legal space, necessitating more robust monitoring and accountability mechanisms.