Migration

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Rescue at Sea and Asylum on Humanitarian Vessels

The recent impasse concerning the disembarkation of nearly 600 migrants rescued in Maltese and Libyan search and rescue (SAR) zones on the Central Mediterranean by NGO vessels (Humanity 1, operated by SOS Humanity, the Ocean Viking, operated by SOS Mediterranée, lately joined by the Geo Barents, operated by Médécins Sans Frontières (MSF), and Rise Above operated by Mission Lifeline) not only constituted a test for the new Italian far-right government, but it has raised a number of legal issues. Questions on the unlawfulness of the Italian inter-ministerial decree preventing the NGO ships to disembark the rescued migrants in the national territory have been promptly addressed by experts. However, while the governmental policy of closing the ports to deny disembarkation is nothing new, in an attempt to shift the responsibility for the reception of asylum seekers to the flag States, in a press conference, Italian Minister of Interior, Matteo Piantedosi, stated that the government decree was the ‘first act’ of a policy aimed at calling on flag countries to respect their…

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Generous, but Equal Treatment? Anti-Discrimination Duties of States Hosting Refugees Fleeing Ukraine

More than 5 million refugees have recently fled Ukraine, the fastest-growing mass displacement in this century. About a quarter of Ukraine’s population and half of its children have fled their homes. The European Union (EU) responded with a first-time activation of the Temporary Protection Directive (TPD). Lurking behind tremendous generosity, States have treated…

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Pushbacks and Lawlessness

Dozens of cases before the European Court of Human Rights claim that Greek authorities are engaged in a policy of secret returns of persons seeking asylum back to Turkey, or ‘pushbacks’. Α post on this blog, ‘Pushbacks as Euphemism’ by Niamh Keady-Tabbai and Itamar Mann drew attenttion to the alleged ‘driftbacks’ in the Aegean. These, however,…

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Weaponisation of Migrants? Migrants as a (Political) Weapon and the EU Regulatory Response: What to Expect Now

State-sponsored mass migration can be a tremendously effective tool to destabilise a specific target country. The recent events at the Belarus-Polish border are only the most recent example of the so-called instrumentalisation of migration as an instrument of an aggressive foreign policy. The Belarus government pushed thousands of migrants from different countries, like Iraq, Afghanistan and Syria, towards…

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Poland’s Power Play at its Borders Violates Fundamental Human Rights Law 

While the political and diplomatic power play between the European Union and Belarus over sanctions and gas delivery cuts escalate, the conditions for thousands of migrants physically trapped between borders deteriorates by the hour. Despite a ban of journalists at the border area based on Poland’s declared emergency status, videos and pictures of migrants, including…

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