Belarus’ Violation of International Obligations in Connection with Artificial Migration Pressure on the Belarus–European Union Border Cover Image

Belarus’ Violation of International Obligations in Connection with Artificial Migration Pressure on the Belarus–European Union Border
Belarus’ Violation of International Obligations in Connection with Artificial Migration Pressure on the Belarus–European Union Border

Author(s): Elżbieta Kużelewska, Agnieszka Piekutowska
Subject(s): Criminal Law, International Law, Security and defense, Asylum, Refugees, Migration as Policy-fields
Published by: Temida 2
Keywords: Belarus; coercive engineered migration; migration pressure; refugees; weaponizing migration; violation of international law;

Summary/Abstract: This paper attempts to assess events related to the huge scale of the influx of migrants in the summer of 2021 at the Belarusian borders with Lithuania, Poland and Latvia. The involvement of the Belarusian government had a key impact on the nature of the events and led to Belarus’ violation of its international obligations. In particular, Belarus has violated the Geneva Convention Relating to the Status of Refugees (1951), the 1967 additional Protocol Relating to the Status of Refugees, the 1966 UN International Covenant on Civil and Political Rights and the United Nations Convention against Transnational Organized Crime of 2000 and the Protocols Thereto (Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children and Protocol against the Smuggling of Migrants by Land, Sea and Air). The illegal actions taken by Belarus were described as a hybrid attack aimed at destabilizing Europe. Minsk’s creation of an engineered migration pressure on the border with the EU can be considered part of a hybrid strategy – one of the dominant methods in geopolitical confrontation and the struggle for influence in international relations. The present paper verifies the research hypothesis that Belarus has deliberately violated international law by inducing engineered migration at the border with the EU in order to paralyse the migration situation in the neighbouring EU Member States. The violation of international law has not resulted in any major international consequences.

  • Issue Year: 1/2023
  • Issue No: 28
  • Page Range: 39-55
  • Page Count: 17
  • Language: English