will depend on the nature and circumstances of the particular crime and other relevant factors (e.g. evidence or likelihood of recidivism). 15 13. In either case, the removal of a refugee in application of one of the exceptions provided for in Article 33(2) of the 1951 Convention is lawful only if it is necessary and proportionate. This means that there must be a rational connection between the removal of the refugee and the elimination of the danger resulting from his or her presence for the security or community of the host country; refoulement must be the last possible resort for eliminating the danger to the security or community of the host country 16 ; and the danger for the host country must outweigh the risk of harm to the wanted person as a result of refoulement. 17 14. Moreover, the determination of whether or not one of the exceptions provided for in Article 33(2) is applicable must be made in a procedure which offers adequate safeguards. 18 15. The principle of non-refoulement as enshrined in Article 33 of the 1951 Convention is part of customary international law. 19 As such, it is binding on all States, including those which have not yet become party to the 1951 Convention and/or its 1967 Protocol. 20 B. Protection against refoulement under human rights law 1. General considerations 16. Under international human rights treaties and customary international law, States are under an obligation not to transfer any individual to another country if this would result in exposing him or her to serious human rights violations, notably arbitrary deprivation of life 21 or torture. 22 An explicit non-refoulement provision is contained in 15 Ibid., at paragraphs 190–192. If less serious measures would be sufficient to remove the threat posed by the refugee to the security or the community of the host country, refoulement cannot be justified under Article 33(2) of the 1951 Convention. 17 See UNHCR, Suresh Factum, above footnote 13, at paragraphs 74–84; see also E. Lauterpacht and D. Bethlehem, above footnote 8, at paragraphs 177–179. 18 At a minimum, these should be the same as the procedural safeguards required for expulsion under Article 32 of the 1951 Convention. Article 32(1) permits the expulsion of a refugee to a country other than that where he or she fears persecution on national security and public order grounds. Article 32(2) and (3) provide for minimum safeguards, including, in particular, the right to be heard and the right to appeal, as well as the right to be allowed a reasonable time within which to seek legal admission to another country. 19 See, for example, the Declaration of States Parties to the 1951 Convention and/or its 1967 Protocol adopted at the Ministerial Meeting of States Parties of 12–13 December 2001, HCR/MMSP/2001/09, at preambular paragraph 4; see also E. Lauterpacht and D. Bethlehem, above footnote 8, at paragraphs 193–219. 20 The prohibition of refoulement of refugees under customary international law also applies, with regard to non-European refugees, in States which are party to the 1951 Convention, but which maintain the geographical limitation provided for Article 1B(1) of the Convention. 21 The right to life is guaranteed under Article 6 of the 1966 International Covenant on Civil and Political Rights (ICCPR) and, for example, Article 2 of the 1950 European Convention for the Protection of Human Rights and Fundamental Freedoms (ECHR), Article 4 of the 1969 16 6