Safe Waters with EUNAVFOR MED? Countering the Smuggling of Migrants in the South Mediterranean with a Military Operation: EUNAVFOR MED and the Legitimacy of the Application of the Right of Hot Pursuit? Cover Image

Safe Waters with EUNAVFOR MED? Countering the Smuggling of Migrants in the South Mediterranean with a Military Operation: EUNAVFOR MED and the Legitimacy of the Application of the Right of Hot Pursuit?
Safe Waters with EUNAVFOR MED? Countering the Smuggling of Migrants in the South Mediterranean with a Military Operation: EUNAVFOR MED and the Legitimacy of the Application of the Right of Hot Pursuit?

Author(s): Gianna Merki
Subject(s): International Law, Human Rights and Humanitarian Law, International relations/trade, Security and defense, Military policy, Migration Studies
Published by: Udruženje “Pravnik”
Keywords: EUNAVFOR MED; migrations; migrants smuggling; international law;

Summary/Abstract: This paper intends to understand the extent to which the right of hot pursuit can be considered legitimate within the framework, mandate and scope of the new born European Union Military mission in the Southern Mediterranean - EUNAVFOR Med, aimed at countering human migrants smuggling. The mission is to be comprised of four phases in which mainly the second and third phase might imply an interference in the sovereignty of third states through entering their coastal waters and searching vessels without invitation or authorization given by those states. In order to stay in compliance with International Law and the principle of State Sovereignty there has to be either a UNSC resolution allowing for the EUNAVFOR MED interference on grounds of International Peace and Security or another International Law framework which allows the legitimizing of such actions. Hereby, the goal is to analyse the right of hot pursuit by understanding the legitimacy or illegitimacy of its application and implications it might have in terms of human security and stability of the region.

  • Issue Year: 6/2015
  • Issue No: 6
  • Page Range: 105-111
  • Page Count: 7
  • Language: English