Between life, security and rights: Framing the interdiction of 'boat migrants' in the Central Mediterranean and Australia. (December 2019)

• Record Type: Journal Article
• Authors: Moreno-Lax, Violeta; Ghezelbash, Daniel; Klein, Natalie
• Is Part Of: Leiden journal of international law. Volume 32:Number 4(2019)
• Page Start: 715
• Page End: 740
• Publication Date: 2019-12
• Subjects: boat migration, -- Central Mediterranean, -- Operation Sovereign Borders, -- search and rescue, -- systemic integration; International law -- Periodicals; International courts -- Periodicals; 341.05
• DOI: 10.1017/S0922156519000451
• Languages: English
• ISSNs: 0922-1565

Abstract

Abstract: This article sets out two case studies to examine the evolving reality of 'boat migration' and the intersecting legal frameworks at play. Our analysis takes a systemic integration approach to reflect on the complex dynamics underpinning responses to the phenomenon in Australia and the Central Mediterranean. The regime that governments purport to act under in any given instance reflects the way they choose to frame incidents and possibly exploit legal gaps in, or contested interpretations of, the relevant rules. The 'closed ports' strategy adopted by Italy and Malta against the MV Lifeline and the detention-at-sea policy pursued by Australia are investigated from the competing perspectives of what we call the 'security lens' and the 'humanitarian lens' to demonstrate how a good faith interpretation of the applicable (if apparently conflicting and overlapping) norms can (and should) be mobilized to save lives, and how that goal is unduly undercut when security concerns trump humanitarian interests.