Many human rights violations occur in the context of migration control. Some of these are evident and egregious, and their governmental perpetrators are answerable before domestic and international courts, as well as other bodies, for these rights violations. However, it is often not that simple. Some human rights matters are highly contested in the context of migration control, including the scope of the human rights obligations themselves. This workshop sought to examine underexplored substantive human rights issues, including on the right to leave, the implications of non-refoulement for admission to territory, and the manner in which discrimination norms affects admissions and border decisions.

More particularly, the scholars at the workshop addressed accountability gaps, where human rights violations are not easily attributable to states. One set of concerns arises out of the (putative?) jurisdictional limits of human rights obligations. Generally speaking, human rights treaties obligate states to protect rights within their ‘jurisdiction.’ However, the meaning of the term ‘jurisdiction’ in human rights law is contested. Moreover, not all human rights instruments are so limited. (For instance, the EU Charter of Fundamental Rights has no such limitation). Secondly, migration control is a shared endeavour across states, so many states may be implicated in the impugned conduct, raising questions about shared responsibility. Thirdly, migration control is often outsourced to international organisations and private actors, raising questions about the responsibility of states, and the agents’ own human rights obligations.

Participants at the workshop probed these complex questions of international human rights and EU law. They also assessed attempts to use international criminal law to enhance accountability where rights violations rise to the level of international crimes. The aim of the workshop was to bring together legal experts to reflect on the state of the art in international and EU law, and to consider mechanisms, legal and political, to enhance accountability for human rights violations in this context, and ensure that human rights are respected and protected in the migration context. In particular, it provided the opportunity to reflect on the growing operational role of EU agencies, IOM, and other non-state actors in this context.

A special issue on this theme ‘Border Justice: Migration and Accountability for Human Rights Violations’ has been published in German Law Journal. (April 2020)