Asylum Under Pressure: international Deterrence and access to asylum
Asylum Under Pressure: international Deterrence and access to asylum

Author(s): Vasiliki Kakosimou
Subject(s): Politics, International Law, Human Rights and Humanitarian Law, Security and defense, Policy, planning, forecast and speculation, Migration Studies
Published by: Transnational Press London
Keywords: Deterrence; extra-territorial application; non-refoulement;
Summary/Abstract: In order to respond to the refugee crisis or control the migration flows, States may take certain measures to keep migrants out of reach of their borders. These measures involve push-backs, interception at high seas, erecting fences, bilateral agreements for off-shore processing etc., under national security reasons or for maintaining public order. All these measures are referred to as deterrence strategies, they do not conform with States' obligations under International Human Rights Law and they result in preventing refugees from having access to asylum. Through treaties, customary law and case law, the principle of non-refoulement has an extra-territorial application. States are bound by the principle of non-refoulement by the moment States agents exercise effective control upon migrants -potential refugees. Unless States cooperate with each other, share the burden, build -up their capacity for fair asylum procedures and comply with International human rights law obligations, refugees cannot have access to international protection and enjoy their fundamental rights.

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