Forthcoming in the Max Planck Yearbook of United Nations Law (27) so are expulsions used to confiscate one’s assets or to circumvent ongoing extradition procedures. Nevertheless, this latter does not apply to enemy aliens and their property rights in times of war.126 In a different set of draft articles, the ILC details limitations on the right of expulsion based on the destination. According to Draft Art. 22, a state can expel an alien to their country of nationality or habitual residence or to any other state willing to accept them. If such a state cannot be identified, then the individual in question may be sent to a country where they have a right of admission or, depending on the circumstances, to the state from where they have entered the expelling state.127 In fact, the presence of aliens on the territory of a state triggers a complex set of legal relations as a consequence of them being non-nationals. As Judge Read noticed in his dissenting opinion in the Nottebohm case, by admitting non-nationals the state ‘brings into being a series of legal relationships with the state of which he is a national’.128 In other words, the admittance of foreigners creates a tacit agreement between the receiving state and the state of nationality: by emitting travel documents on behalf of its national, a state is giving an assurance that they may be returned to its territory. 129 In creating possible obligations to admit non-nationals in states of transit, the Commission took this premise to the extreme. The draft articles also reflect important developments of the norm prohibiting refoulement in international human rights law. Apart from the express recognition of the absolute prohibition on refoulement to a real risk of torture or other inhuman treatments or punishments, the draft articles adopted a broad protection against expulsion to a place where one’s life might be threatened due to their ‘race, color, sex, language, religion, political or other 126 On the legal regime of enemy aliens, see generally A. Clapham, War (Oxford University Press 2021), at 195– 206. 127 UN ILC, ‘Draft Articles on the Expulsion of Aliens’, at 32–34. 128 Nottebohm (Dissenting Opinion of Judge Read), at 46. 129 As Goodwin-Gill aptly notes, ‘the passport, with its reference to returnability, is of crucial importance as indicating the destination to which the alien may be removed on his exclusion or subsequent deportation’; see G.S. Goodwin-Gill, International Law and the Movement of Persons Between States (Oxford University Press 1978), at 3. 32 Electronic copy available at: https://ssrn.com/abstract=4816199