Certain members of the Commission asserted that collective expulsion of aliens was prohibited under contemporary international law; in addition, it was maintained that the prohibition of refoulement was a rule of jus cogens.
37. 委员会有些成员主张，集体驱逐外国人在现行国际法中是受到禁止的；此外，还认为，禁止推回是强制法规则。