Similarly, the General Assembly has called upon States “to respect the fundamental principle of non-refoulement, which is not subject to derogation.”251 148. The non-derogable nature of this principle is also affirmed in human rights law context in Article 2(2) CAT, which provides that “no exceptional circumstances whatsoever, whether a state of war or a threat of war, internal political instability or any other public emergency, may be invoked as a justification of torture. 252 The CED contains a similar Article , stating that “no State Party shall expel, return ("refouler"), surrender or extradite a person to another State where there are substantial grounds for believing that he or she would be in danger of being subjected to enforced disappearance . The HRC has interpreted Article 7 of the ICCPR on the prohibition of torture to include exposing individuals to the danger thereto by way of their extradition, expulsion, or refoulement.253 149. In addition to the international human rights instruments above, protection from refoulement is also included in several regional refugee law instruments, including Art. 8(2) of the Arab Convention on Regulating Status of Refugees in the Arab Countries, Art. II(3) of the OAU Convention Governing Specific Aspects of Refugee Problems in Africa; and Art. 3 of the Bangkok Principles on the Status and Treatment of Refugees. It has also been reflected in instruments such as Conclusion 5 of the Cartagena Declaration on Refugees. 150. In addition to the international human rights instruments above, protection from refoulement is also included in several regional human rights law instruments, including Article 13(4) of the InterAmerican Convention to Prevent and Punish Torture, Article 22(8) ACHR, and Article 19(2) of the Charter of Fundamental Rights of the EU. 151. The Committee Against Torture has stated in 2018 that “each State party must apply the principle of non-refoulement in any territory under its jurisdiction or any area under its control or authority, or on board a ship or aircraft registered in the State party, to any person, including persons requesting or in need of international protection, without any form of discrimination and regardless of the nationality or statelessness or the legal, administrative or judicial status of the person concerned under ordinary or emergency law.”254 The Committee also held that anyone at risk of torture should be allowed to remain in the territory as long as this risk persists. Furthermore, the person concerned should not be detained “without proper legal justification and safeguards .255 251 UNHCR, Advisory Opinion on the Extraterritorial Application of Non-Refoulement Obligations under the 1951 Convention relating to the Status of Refugees and its 1967 Protocol, Geneva, 26 January 2007, https://www.unhcr.org/4d9486929.pdf, para. 12. 252 UN Human Rights Council, ’Report of the Working Group on Arbitrary Detention’ A HRC December , on Deliberation No. 9 (p. 16), para 51. 253 Human Rights Committee, ‘General Comment No. : Article Prohibition of torture, or other cruel, inhuman or degrading treatment or punishment ’ HRI GEN Rev. Vol. I, p. , para . 254 CAT, ‘General Comment No. on the implementation of article of the Convention in the context of article ’ CAT C GC/4, para 10. 255 CAT, ‘General Comment No. ’ CAT C GC , para . See also CAT, Aemei v Switzerland, Communication no. 034/1995 (9 May 1997) CAT/C/18/D/34/1995, para. 11. 74