Forthcoming in the Max Planck Yearbook of United Nations Law (27) approach, circumscribing their application to individuals formally recognized as refugees, when in fact the protection against non-rejection under international refugee law was by then extensive to asylum seekers. 117 Similarly, the ILC decided to limit the scope of non-refoulement at the border to international refugee law, when in fact this norm was already well-established in international human rights law. This notwithstanding, the draft articles do cover the expulsion of individuals irregularly staying in a country, regardless of whether their status changed after lawfully entering the state, or if their entry was unlawful in the first place. Not only that, but they virtually equate the protections of both regular and irregular non-nationals, including certain procedural guarantees originally reserved to aliens lawfully staying in the territory of the expelling state. The Commission therefore departed from most human rights treaties, even the 1951 Refugee Convention, which normally secure different sets of rights based on the individual’s attachment to the foreign country. For instance, by conditioning a state’s right to expel aliens unlawfully staying in its territory to a ‘decision reached in accordance with law’, the Commission went beyond Art. 13 of the ICCPR118 and other human rights treaties. 119 See UNHCR, ‘Conclusions Adopted by the Executive Committee on the International Protection of Refugees: 1975–2009 (Conclusion No. 1–109)’ (UNHCR 2009), at 7, 115, 121–123; UNGA Res. 51/75, ‘Office of the United Nations High Commissioner for Refugees’ (12 February 1997). 118 Art. 13 of the ICCPR provides that ‘an alien lawfully in the territory of a state party to the present Covenant may be expelled therefrom only in pursuance of a decision reached in accordance with law and shall, except where compelling reasons of national security otherwise require, be allowed to submit the reasons against his expulsion and to have his case reviewed by, and be represented for the purpose before, the competent authority or a person or persons especially designated by the competent authority’. 119 See e.g., Art. 22(2) of the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families (adopted 18 December 1990, entered into force 1 July 2003) 2220 UNTS 3; Art. 32 (2) of the Convention Relating to the Status of Refugees (adopted 28 July 1951, entered into force 22 April 1954) 189 UNTS 137; Art. 31(2) of the Convention Relating to the Status of Stateless Persons (adopted 28 September 1954, entered into force 6 June 1960) 360 UNTS 117; Art. 12(4) of the African Charter on Human and Peoples’ Rights (adopted 27 June 1981, entered into force 21 October 1986) 1520 UNTS 217; Art. 22(6) of the American Convention on Human Rights (22 November 1969, entered into force 18 July 1978) 1144 UNTS 123; Art. 1(1) of Protocol No. 7 to the European Convention on Human Rights (22 November 1984, entered into force 1 November 1988) 117 ETS; Art. 26(2) of the Arab Charter on Human Rights (adopted 22 May 2004, entered into force 15 March 2008) 12 Int'l Hum. Rts. Rep. 893. 117 30 Electronic copy available at: https://ssrn.com/abstract=4816199