Remote Migration Control at Sea: Jurisdiction relating to Joint or Proxy Interception in Foreign Waters or Foreign Search and Rescue Regions

Refugee protection. 1951 Refugee Convention. Refugee protection at sea. Non-entry mechanisms. Migration control. Deterrence of migrants and refugees. Refugee Interdiction. Push Backs. Search and Rescue.  

The aim of this chapter is to analyze developments in theory, law and practice relating to joint or proxy refugee interception in the territorial waters or search and rescue regions of coastal states carried out by migration destination states and/or the coastal state itself. In resolving legal matters concerning the rescue of migrants and refugees at sea, the chapter finds that the law of the sea must rely on supplementary analysis of other fields of international law. In taking stock and adding to previous scholarly work, the chapter aims to reply specifically to the question of whether human rights jurisdiction may be triggered on the part of the destination state, individually or jointly with partner states. It concludes that destination states may not - in all situations - be able to evade legal liability under such arrangements but also that further clarification in case law is called for regarding individual responsibility of destination states. The pending ECtHR case of S.S. and others v. Italy is expected to clarify the legal position in this regard.