There are several arguments that can be made against the brothers’ repatriation. Although refoulement is illicit for Refugee Convention signatories under Article 33(1), it is also forbidden per customary international law and jus cogens through which no exception is allowed. Likewise, the Human Rights Committee has interpreted Article 7 of the International Convention on Civil and Political Rights (ICCPR) – to which India is a party – as encompassing non-refoulement. Specifically, it stated that “parties must not expose individuals to the danger of torture or cruel, inhuman or degrading treatment or punishment upon return to another country by way of their extradition, expulsion or refoulement.”