Situation in the Southern Frontier: An International Criminal Law Analysis on the Western Mediterranean and North African Migration Routes
(2024) JAMM07 20241Department of Law
Faculty of Law
- Abstract
- This study focuses on irregular migratory movements, and the mistreatment suffered by migrants, at the Southern Frontier of Europe, specifically at the Spanish-Moroccan border, from an international criminal law approach. The main question is whether the conduct of the security forces against migrants can be considered crimes against humanity and should therefore be investigated.
The “problem” of irregular migrants at the border, often hidden, has been approached from multiple fields of law, such as human rights, but they have always failed to address the real needs. Nevertheless, there have been few studies in the area of international criminal law, and even fewer focusing on the Western Mediterranean. Hence, the importance of this paper... (More) - This study focuses on irregular migratory movements, and the mistreatment suffered by migrants, at the Southern Frontier of Europe, specifically at the Spanish-Moroccan border, from an international criminal law approach. The main question is whether the conduct of the security forces against migrants can be considered crimes against humanity and should therefore be investigated.
The “problem” of irregular migrants at the border, often hidden, has been approached from multiple fields of law, such as human rights, but they have always failed to address the real needs. Nevertheless, there have been few studies in the area of international criminal law, and even fewer focusing on the Western Mediterranean. Hence, the importance of this paper stems from two points: Addressing the suffering of migrants and exploring the issue from an angle that has hardly been previously explored.
The study method used in this paper is analytical legal research. For this purpose, I have used academic articles, but mainly Spanish and Moroccan cases and legislation. Most of the analysis is in fact based on the ad hoc tribunals case law, as it is a study of customary international law. In doing so, and using NGO reports and newspaper articles, I have determined the legal nature of certain actions carried out by the security forces on the Southern Frontier.
The conclusion I have drawn at the end of this thesis is a “yes”. In my opinion, certain conducts of the Moroccan and Spanish security forces fall within the definition of crimes against humanity due to their widespread and systematic nature. In fact, within the chain of command of the Spanish Guardia Civil and the Royal Moroccan Gendarmerie, they are well aware of the terrible actions taking place on their borders, and yet they choose to do nothing or even congratulate the officers in action. This being established, there are possibilities for investigation under the formula of universal jurisdiction. However, although I will point to an example of a country that could exercise it, the total absence of political will in Spain and Morocco must be highlighted as the major impediment to any solution, or even simple improvement, in this situation. (Less)
Please use this url to cite or link to this publication:
http://lup.lub.lu.se/student-papers/record/9162798
- author
- Martín Caicoya, Alberto LU
- supervisor
- organization
- course
- JAMM07 20241
- year
- 2024
- type
- H2 - Master's Degree (Two Years)
- subject
- keywords
- International Criminal Law, Crimes Against Humanity, Migra-tion, Spain, Morocco
- language
- English
- id
- 9162798
- date added to LUP
- 2024-06-25 11:25:07
- date last changed
- 2024-06-25 11:25:07
@misc{9162798,
abstract = {{This study focuses on irregular migratory movements, and the mistreatment suffered by migrants, at the Southern Frontier of Europe, specifically at the Spanish-Moroccan border, from an international criminal law approach. The main question is whether the conduct of the security forces against migrants can be considered crimes against humanity and should therefore be investigated.
The “problem” of irregular migrants at the border, often hidden, has been approached from multiple fields of law, such as human rights, but they have always failed to address the real needs. Nevertheless, there have been few studies in the area of international criminal law, and even fewer focusing on the Western Mediterranean. Hence, the importance of this paper stems from two points: Addressing the suffering of migrants and exploring the issue from an angle that has hardly been previously explored.
The study method used in this paper is analytical legal research. For this purpose, I have used academic articles, but mainly Spanish and Moroccan cases and legislation. Most of the analysis is in fact based on the ad hoc tribunals case law, as it is a study of customary international law. In doing so, and using NGO reports and newspaper articles, I have determined the legal nature of certain actions carried out by the security forces on the Southern Frontier.
The conclusion I have drawn at the end of this thesis is a “yes”. In my opinion, certain conducts of the Moroccan and Spanish security forces fall within the definition of crimes against humanity due to their widespread and systematic nature. In fact, within the chain of command of the Spanish Guardia Civil and the Royal Moroccan Gendarmerie, they are well aware of the terrible actions taking place on their borders, and yet they choose to do nothing or even congratulate the officers in action. This being established, there are possibilities for investigation under the formula of universal jurisdiction. However, although I will point to an example of a country that could exercise it, the total absence of political will in Spain and Morocco must be highlighted as the major impediment to any solution, or even simple improvement, in this situation.}},
author = {{Martín Caicoya, Alberto}},
language = {{eng}},
note = {{Student Paper}},
title = {{Situation in the Southern Frontier: An International Criminal Law Analysis on the Western Mediterranean and North African Migration Routes}},
year = {{2024}},
}