Migration

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Drowning Migrants in the Mediterranean and the ICCPR, Again

Last week 130 migrants perished off the coast of Libya, as their rubber boat capsized in the stormy Mediterranean. Some 750 migrants have died this year in trying to make the crossing. (See here for the IOM report, and here and here for the recent posts we had on this topic by Guy Goodwin-Gill, and Niamh Keady-Tabbal and Itamar Mann). There is little I can usefully add here in discussing a human tragedy such as this one – again, again and again. But I was particularly struck by the following passage from the Guardian’s report on the incident, in light of the Human Rights Committee’s recent decisions regarding Italy and Malta and the extraterritorial application of the duty to protect life under the International Covenant on Civil and Political Rights: [The NGO] Alarm Phone said: “The people could have been rescued but all authorities knowingly left them…

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Drowning in the Mediterranean: Time to think and act regionally

Europe, that is, the EU and its institutions, currently asserts the right to manage the movement of people across the Mediterranean, and with that comes responsibility, for special protection is owed to those whom it would manage. ‘Responsibility’ is multi-dimensional. Fault, in the sense of wilful or negligent conduct, may be relevant; or responsibility may follow from the…

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Drowning Migrants, the Human Rights Committee, and Extraterritorial Human Rights Obligations

In this post I will analyse more extensively the two decisions of the UN Human Rights Committee that I flagged previously (A.S. and others v. Malta, CCPR/C/128/D/3043/2017 ; A.S. and others v. Italy, CCPR/C/130/DR/3042/2017), dealing with the failure of Malta and Italy to rescue a group of more than 200…

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Amicus Curiae Brief re MH17; Human Rights Committee on Search and Rescue at Sea

Recent weeks have been something of an extraterritoriality extravaganza. So let’s continue with that theme, hopefully not ad nauseam. First, readers might be interested in the amicus curiae brief that my colleague Sangeeta Shah and I co-authored and which we submitted this week to the European Court of Human Rights in…

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Why it is so Hard to Hold Frontex Accountable: On Blame-Shifting and an Outdated Remedies System

On Friday 23 October, a joint investigation conducted by Bellingcat, Lighthouse Reports, Der Spiegel, ARD, and TV Asahi revealed that the European Border and Coast Guard Agency (Frontex) has been complicit in human rights violations at the Greek maritime border. Videos and satellite photos show how arriving migrant boats are forced to turn back…

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