In this Article, we examine the way in which states treat-and should treat-asylum seekers seeking to enter the country undocumented. This question is relevant to many countries having to deal, on the one hand, with their international law commitments, including their obligations under the 1951 Convention Relating to the Status of Refugees, and wishing to maintain sovereignty over their borders, on the other hand. After general considerations, we focus on the case of Israel.
On The Morality and Legality of Borders: Border Policies and Asylum Seekers, Harvard Human Rights Journal, 2013(26), p. 1-38 (with Tally Kritzman-Amir)
This article begins to undertake a human rights analysis of the increasing number of migrants who die annually while trying to cross the borders of Europe in an irregular manner. Over the past 20 years, border policies increasingly focus on (pro-active, extraterritorial, privatized, and securitized) border management instead of on classical (reactive, territorial, and public) border control. On the basis of existing data, it seems plausible to assume that the increasing migrant mortality is an unintended side-effect of this shift from control to management. The article argues that it is possible to collect data, which are more reliable than those presently available, and presents data from a pilot project carried out on Sicily in November 2011. Presuming better data can be collected; two diverging human rights approaches are developed – a conventional approach holding that European states are not accountable under human rights law for these side-effects and a functional approach holding that human rights law does impose obligations on European states in this context. On all four doctrinal issues which are relevant to the problem (jurisdiction, positive obligations, standing, and collective state responsibility), these diverging approaches lead to diverging doctrinal positions. A choice between the two approaches implies not only legal but also moral, ethical, and political choices.
Moving Migrants, States and Rights. Human Rights and Border Deaths, Law and Ethics of Human Rights, 2013 (7-2), p. 213-242
This article discusses the possibility that European States have a positive obligation under international law to minimize the rising number of fatalities that occur in relation to their border control policies.
Are European States Accountable for Border Deaths? In Satvinder Juss (ed.), Research Companion to Migration Law and Theory, Aldershot: Ashgate 2013, p. 61-76
This article outlines the relationship between irregular immigration, increased border control, and the number of casualties at Europe’s maritime borders. The conclusion is that the number of fatalities is increasing as a result of increased border control. The author argues that States have a positive obligation under international law to address this issue, and formulates concrete proposals to monitor the number of border deaths.
The Human Costs of Border Control, European Journal of Migration and Law, 9 (2007), p. 147-161