Between life, security and rights: Framing the interdiction of ‘boat migrants’ in the Central Mediterranean and Australia

This article sets out two case studies to examine the evolving reality of ‘boat migration’ and the intersecting legal frameworks at play. Our analysis takes a systemic integration approach to reflect on the complex dynamics underpinning responses to the phenomenon in Australia and the Central Medite...

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Bibliographic Details
Published in:Leiden journal of international law 2019-12, Vol.32 (4), p.715-740
Main Authors: Moreno-Lax, Violeta, Ghezelbash, Daniel, Klein, Natalie
Format: Article
Language:English
Subjects:
Case studies
Detention
Evacuations & rescues
Exclusive economic zone
Human rights
Humanitarianism
Immigration policy
International law
Jurisdiction
Law enforcement
Maritime law
Migrants
Migration
Ports
Principles
Security
Sovereignty
Statelessness
Territorial waters
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Summary:This article sets out two case studies to examine the evolving reality of ‘boat migration’ and the intersecting legal frameworks at play. Our analysis takes a systemic integration approach to reflect on the complex dynamics underpinning responses to the phenomenon in Australia and the Central Mediterranean. The regime that governments purport to act under in any given instance reflects the way they choose to frame incidents and possibly exploit legal gaps in, or contested interpretations of, the relevant rules. The ‘closed ports’ strategy adopted by Italy and Malta against the MV Lifeline and the detention-at-sea policy pursued by Australia are investigated from the competing perspectives of what we call the ‘security lens’ and the ‘humanitarian lens’ to demonstrate how a good faith interpretation of the applicable (if apparently conflicting and overlapping) norms can (and should) be mobilized to save lives, and how that goal is unduly undercut when security concerns trump humanitarian interests.
ISSN:0922-1565
1478-9698
DOI:10.1017/S0922156519000451