State responsibility beyond borders: what legal basis for Italy's push-backs to Libya?
(2012) In International Journal of Refugee Law 24(4). p.692-734- Abstract
- This article takes Italy’s widely-debated 2009 push-backs to Libya campaign as a point of reference to address whether bilateral agreements for technical and police cooperation provide the legal foundation for the forced return of intercepted refugees to countries of embarkation. Through a detailed analysis of both the facts and the texts of the published and unpublished bilateral accords, it concludes that, although push-backs do not have a clear legal basis, the agreements between Italy and Libya constitute a fundamental component of the multifaceted legal and political framework underpinning Italy’s practice of interdiction and return. Moreover, by entrusting a non-EU third country with the authority and legal competence for the... (More)
- This article takes Italy’s widely-debated 2009 push-backs to Libya campaign as a point of reference to address whether bilateral agreements for technical and police cooperation provide the legal foundation for the forced return of intercepted refugees to countries of embarkation. Through a detailed analysis of both the facts and the texts of the published and unpublished bilateral accords, it concludes that, although push-backs do not have a clear legal basis, the agreements between Italy and Libya constitute a fundamental component of the multifaceted legal and political framework underpinning Italy’s practice of interdiction and return. Moreover, by entrusting a non-EU third country with the authority and legal competence for the maritime operations, bilateral agreements for migration control may distance the responsibility (for international wrongful acts) of the outsourcing state. Migrants and refugees are autonomously intercepted by the third country in international waters, or in its coastal waters, before their arrival at the EU’s gateways. By venturing into the labyrinth of state responsibility in general international law, this article considers Italy’s possible liability for ‘aiding and assisting’ Libya, in a variety of ways, in the unlawful containment of irregular migration by sea and the resulting refoulement of intercepted refugees. (Less)
Please use this url to cite or link to this publication:
https://lup.lub.lu.se/record/3800242
- author
- Giuffré, Mariagiulia LU
- organization
- publishing date
- 2012
- type
- Contribution to journal
- publication status
- published
- subject
- keywords
- Hirsi v Italy, refugee law, international responsibility, complicity, Italy Libya push-backs, refoulement, human rights, mänskliga rättigheter
- in
- International Journal of Refugee Law
- volume
- 24
- issue
- 4
- pages
- 692 - 734
- publisher
- Oxford University Press
- external identifiers
-
- scopus:84865456895
- ISSN
- 0953-8186
- language
- English
- LU publication?
- yes
- id
- bd45bc96-6409-4bf1-9b80-897e9dc37402 (old id 3800242)
- date added to LUP
- 2016-04-01 10:47:07
- date last changed
- 2022-04-12 17:34:18
@article{bd45bc96-6409-4bf1-9b80-897e9dc37402,
abstract = {{This article takes Italy’s widely-debated 2009 push-backs to Libya campaign as a point of reference to address whether bilateral agreements for technical and police cooperation provide the legal foundation for the forced return of intercepted refugees to countries of embarkation. Through a detailed analysis of both the facts and the texts of the published and unpublished bilateral accords, it concludes that, although push-backs do not have a clear legal basis, the agreements between Italy and Libya constitute a fundamental component of the multifaceted legal and political framework underpinning Italy’s practice of interdiction and return. Moreover, by entrusting a non-EU third country with the authority and legal competence for the maritime operations, bilateral agreements for migration control may distance the responsibility (for international wrongful acts) of the outsourcing state. Migrants and refugees are autonomously intercepted by the third country in international waters, or in its coastal waters, before their arrival at the EU’s gateways. By venturing into the labyrinth of state responsibility in general international law, this article considers Italy’s possible liability for ‘aiding and assisting’ Libya, in a variety of ways, in the unlawful containment of irregular migration by sea and the resulting refoulement of intercepted refugees.}},
author = {{Giuffré, Mariagiulia}},
issn = {{0953-8186}},
keywords = {{Hirsi v Italy; refugee law; international responsibility; complicity; Italy Libya push-backs; refoulement; human rights; mänskliga rättigheter}},
language = {{eng}},
number = {{4}},
pages = {{692--734}},
publisher = {{Oxford University Press}},
series = {{International Journal of Refugee Law}},
title = {{State responsibility beyond borders: what legal basis for Italy's push-backs to Libya?}},
volume = {{24}},
year = {{2012}},
}