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GLJ Special: Border Justice: Migration and Accountability for Human Rights Violations – Full version (GLJ 21:3)
Manage episode 289644632 series 2908807
Indhold leveret af Nora Markard, Emanuel V. Towfigh, and the other Editors of the German Law Journal, Nora Markard, Emanuel V. Towfigh, and The other Editors of the German Law Journal. Alt podcastindhold inklusive episoder, grafik og podcastbeskrivelser uploades og leveres direkte af Nora Markard, Emanuel V. Towfigh, and the other Editors of the German Law Journal, Nora Markard, Emanuel V. Towfigh, and The other Editors of the German Law Journal eller deres podcastplatformspartner. Hvis du mener, at nogen bruger dit ophavsretligt beskyttede værk uden din tilladelse, kan du følge processen beskrevet her https://da.player.fm/legal.
With Cathryn Costello and Itamar Mann
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The Special Issue
GLJ Editorial for the Special Issue
Link to the editorial article
Abstract This introductory Article sets out the premise of the Special Issue, the entrenched and pervasive nature of human rights violations in the context of migration control and the apparent lack of accountability for such violations. It sets out features of contemporary migration control practices and their legal governance that contribute to this phenomenon, namely the exceptional treatment of migration in international law; the limited scope of international refugee law; and the pervasive use of externalized, delegated migration controls, in particular by the EU and its Member States. The roots of the current condition are traced back to the containment practices that emerged at the end of the Cold War, with the 2015 “crisis” framed both as an illustration of the failures of containment, and a source of further stasis. Following an overview of the contributions that make up the Special Issue, this Article identifies five emergent themes, and suggests further lines of inquiry. These are: the promise and limits of strategic human rights limitations; the role of both international criminal law, and domestic (and regional) tort law in securing accountability; the turn to positive obligations to challenge entrenched features of containment; and the role of direct action in support of and solidarity with those challenging migration controls most directly, refugees and migrants themselves. Rather than offering panaceas, the Article concludes with the identification of further new challenges, notably the role of new technologies in further dissipating lines of accountability for decisions to exclude.
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