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Distance, as the next sections will demonstrate, plays a crucial role as a mechanism not only of dispersion of legal duties, blurring the lines of causation and making attribution of wrongful conduct a difficult task, but also as an artefact of oppression and displacement in itself. It does not prevent (unwanted) migration but rather makes it unviable through legally sanctioned, safe channels, diverting it through ever more perilous routes. The immediate effect of this distance that externalization engenders is at least threefold. First, it leads to the disempowerment of migrants, who are left with no options for safe and legal escape, being instead coerced into dangerous courses operated by smugglers. Second, it legitimizes the actors enforcing externalized control on behalf, and for the benefit, of the European Union and its Member States. Repressive forces in third countries gain standing as valid interlocutors for cooperation, as a result; their democratic and human rights credentials becoming secondary, if at all relevant, as the Libyan case illustrates below. Third, legal alternatives, like the relaxation of controls or the creation of safe and regular pathways, are rejected; perceived as an illogical concession to the failure of the externalization project. The final outcome, and what constitutes the focus of this contribution, is the ‘border-induced displacement’ effect, resulting from the combination of the processes of extraterritorialisation and externalization taken together. Border-induced displacement is not equivalent to the original reasons forcing people into exile, but rather functions as a second-order type of (re-)displacement, produced precisely via (the violence implicated in) border control. This then leads to forms of ‘engineered regionalism’, that is, politics re-producing displacement in certain areas closest to the origin of flows. ‘Safe third country’ rules and practices are the main vehicle of this development, discernible also within the EU, where the Dublin System has ‘rulified’ an asymmetric allocation of responsibility for asylum claims to peripheral countries situated at the external common frontiers of the Union, like Spain, Italy and Greece. In the case of externalization, border-induced displacement is then imposed upon already-displaced persons by non-European actors implementing the EU’s pre-emptive control agenda, reinforcing prevailing patterns of exploitation and existing hierarchies of exclusion and subordination.
The ethical and legal consequences of ‘distance-creation’ are what we turn to analyse in the remainder of this article. Section 2 pays attention to the assumptions and ethical and political-economic dimensions behind this strategy, discussing exit control, coercion, and the democratic legitimization of unelected actors enforcing the EU border within third countries. Section 3 investigates the legal impact of externalization and extraterritorialization, centring on the apparent accountability gaps that it generates, contesting the legality of responsibility dispersion mechanisms. The overall conclusion we reach is that the ‘rulification’ of externalization at EU level does not render it ethically and legally tenable under international law. The ‘lawification’ at EU level of practices inconsistent with human rights is insufficient to render them compatible with international legal standards.
|Tidsskrift||Questions of International Law|
|Status||Udgivet - 1 mar. 2019|
- border-induced displacement
- border control
- responsibility diffusion
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Publikation: Bidrag til bog/antologi/rapport/konference proceeding › Bidrag til bog/antologi › Forskning › peer review
Lemberg-Pedersen, M., 1 nov. 2016, EurAfrican Borders and Migration Management: Political Cultures, Contested Spaces and Ordinary Lives. Gaibazzi, P., Dünnwald, S. & Bellagamba, A. (red.). Palgrave Macmillan, s. 29-60 35 s. (Palgrave Series in African Borderlands Studies).
Publikation: Bidrag til bog/antologi/rapport/konference proceeding › Bidrag til bog/antologi › Forskning › peer reviewÅben adgang
Lemberg-Pedersen, M., 1 okt. 2015
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