Sale v. Haitian Centers Council, Inc., 509 U.S. 155, 3 (1993)

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Cite as: 509 U. S. 155 (1993)

Syllabus

which is not an exact synonym for the English word "return," but has been interpreted by respected dictionaries to mean, among other things, "expel." Although gathering fleeing refugees and returning them to the one country they had desperately sought to escape may violate the spirit of Article 33, general humanitarian intent cannot impose uncontemplated obligations on treaty signatories. Pp. 179-183. (d) Although not dispositive, the Convention's negotiating history— which indicates, inter alia, that the right of non-refoulement applies only to aliens physically present in the host country, that the term "refouler" was included in Article 33 to avoid concern about an inappropriately broad reading of the word "return," and that the Convention's limited reach resulted from a hard-fought bargain—solidly supports the foregoing conclusion. Pp. 184-187. 969 F. 2d 1350, reversed.

Stevens, J., delivered the opinion of the Court, in which Rehnquist, C. J., and White, O'Connor, Scalia, Kennedy, Souter, and Thomas, JJ., joined. Blackmun, J., filed a dissenting opinion, post, p. 188.

Deputy Solicitor General Mahoney argued the cause for petitioners. With her on the briefs were Solicitor General Starr, Assistant Attorney General Gerson, Paul T. Cappuccio, Edwin S. Kneedler, Michael Jay Singer, and Edwin D. Williamson.

Harold Hongju Koh argued the cause for respondents. With him on the brief were Drew S. Days III, Geoffrey C. Hazard, Jr., Paul W. Kahn, Michael Ratner, Cyrus R. Vance, Joseph Tringali, Lucas Guttentag, Judy Rabinovitz, and Robert Rubin.*

*William W. Chip, Timothy J. Cooney, and Alan C. Nelson filed a brief for the Federation for American Immigration Reform as amicus curiae urging reversal.

Briefs of amici curiae urging affirmance were filed for the American Immigration Lawyers Association et al. by Lory D. Rosenberg; for the American Jewish Committee et al. by David Martin, Samuel Rabinove, and Steven M. Freeman; for Amnesty International et al. by Bartram Brown and Paul Hoffman; for the Association of the Bar of the City of New York by Michael Lesch, John D. Feerick, Sidney S. Rosdeitcher, and Robert P. Lewis; for Human Rights Watch by Kenneth Roth, Karen Musalo, and Stephen L. Kass; for the International Human Rights Law Group by William T. Lake, Carol F. Lee, W. Hardy Callcott, Steven

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