Containment instead of Refoulement: Shifting State Responsibility in the Age of Cooperative Migration Control?

Pijnenburg, Annick

doi:10.2139/ssrn.3418365

Cited by 2 publications

(2 citation statements)

References 24 publications

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“…When they share information with states, their point of view can end up facilitating preemptory rescue operations by Libyan or other non-European forces, which ends up returning migrants to where they came from, blocking access to asylum, and possibly risking ill-treatment there. Such 'pullbacks' are one especially problematic aspect of the externalization of border control, which scholars have called 'contactless control' or 'refoulement by proxy' (Giuffré and Moreno-Lax 2019;Heller and Pezzani 2016;Moreno-Lax 2018;Pijnenburg 2020).…”

Section: The Birds'-eye Viewmentioning

confidence: 99%

Floating Sanctuaries: The Ethics of Search and Rescue at Sea

Mann

Permoser

2021

SSRN Journal

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Search-and-Rescue NGOs in the Mediterranean have been increasingly criminalized. This criminalization has chilled conversation about the real ethical dilemmas that the practice involves. What, if any, can be the adverse by-products of rescuing life at sea? In this article, we concentrate the dilemmas involved in SAR as seen from the perspective of rescuers. Our aim is twofold. The first is to map the dilemmas from a phenomenological perspective, as they are experienced by rescuers at sea. The paper sheds light on the complexity and nuance of the ethical landscape of maritime rescue, revealing an intricate web of interactions acknowledged by rescuers as posing ethical challenges. The second aim is to offer a conceptual framework for what it is that SAR NGOs are, in fact, doing. We contextualize their actions within the larger terrain of 'border externalization', in which states have moved enforcement activities to extraterritorial zones, where human rights law ostensibly does not apply. We thus argue that the set of norms underlying practices developed by SAR NGOs amounts to a strategy of counter-externalization. The idea here is that a window of opportunity can be created at sea, where human rights or international law protections more broadly apply, but enforcement powers of states are suspended. By utilizing these legal grey zones to the benefit of migrants, rescuers effectively turn extraterritorial zones from spaces of lawlessness into spaces of resistance. The rescue ship thus becomes a 'floating sanctuary'.

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Section: The Birds'-eye Viewmentioning

confidence: 99%

Floating Sanctuaries: The Ethics of Search and Rescue at Sea

Mann

Permoser

2021

SSRN Journal

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“…In Hirsi, the ECtHR interpreted the principle of non-refoulement as applicable under Strasbourg law even when States parties to the ECHR act in the high seas, an area beyond national jurisdiction from the territorial point of view in which, nonetheless, jurisdiction over individuals is actually exercised if certain conditions are met. Yet, according to some authors (Pijnenburg, 2020), the lessons of Hirsi inspired EU Member States and third countries to develop pull-back policies, a variety of cooperation which also conflicts with non-refoulement obligations.…”

Section: The Principle Of Non-refoulement and The Practice Of Border Management At Seamentioning

confidence: 99%

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Garijo

2020

VSVT

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Drones are increasingly used in border management by EU Member States and Frontex. Drones are considered high-performance tools in border surveillance, due to their enhanced capabilities in the area of detection, observation, data collection and information sharing. They are also instrumental in implementing current policies of contention of migration that rely on cooperation with third countries and, at times, on pull-back operations. The use of drones in such operations raises legal problems relating to the observation of the principle of non-refoulement, which binds both Member States and Frontex. These problems are explored in the light of the applicable rules of international refugee law and human rights law, EU law, and the case-law of the European Court of Human Rights.

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Containment instead of Refoulement: Shifting State Responsibility in the Age of Cooperative Migration Control?

Cited by 2 publications

References 24 publications

Floating Sanctuaries: The Ethics of Search and Rescue at Sea

Floating Sanctuaries: The Ethics of Search and Rescue at Sea

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