Journal

Two weeks ago, Strasbourg saw the latest jurisprudential addition to its limited body of case law on collective expulsion of aliens. On 13 February 2020, the Grand Chamber of the European Court of Human Rights (ECtHR) delivered its judgment in the case of N.D. and N.T. v. Spain concerning the expulsion of two third-country nationals who were apprehended after climbing the Melilla fence and were summarily returned to...

On 18^th of March 2016, EU and Turkey concluded a controversial “Common Statement” (the Statement hereafter), which has been widely criticised by...

Introduction

After a rough week at sea and intense negotiations, Aquarius, a SAR vessel run by SOS Mediteranne and MSF, docked into the port of Valencia on 17 June, as Spain agreed to provide safe heaven to the 629 rescued migrants on board. In a statement issued on 11 June, the Spanish government stated that people had been “abandoned to their fate in the Mediterranean” and that Spain would comply with its international commitments in relation to humanitarian crises. The saga began, last week, when Italy announced the closure of its ports, contesting that Malta should...

I. Introduction

This journal entry argues that EU third country agreements violate non-refoulement obligations as defined under international law based on a number of reasons. First, EU third country agreements violate Article 31(1) of the Convention Relating to the Status of Refugees (Refugee Convention), which protects refugees from being penalised for their illegal presence. Second, when read purposively, violating Article 31(1) would trigger corresponding protection from refoulement, most notably when a violation of Article 31(1) may lead to rejection at the...