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11 May 2026

Being Rejected is not a Crime

On 26 March 2026, the European Parliament approved the proposed EU Return Regulation, thereby adopting its position for the negotiations with the Council and the Commission. As the Parliament's and the Council's positions differ only marginally, its adoption appears likely. The current draft considerably expands detention and introduces far-reaching derogations, particularly for third-country nationals considered to pose security risks. This ICE-ification of the EU's migration policy and the de facto criminalisation of people on the move pose a threat to fundamental rights within the EU. Continue reading >>
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02 April 2024

Refoulement As A Crime

Last month, the Italian Court of Cassation upheld the (suspended) sentence of one year’s imprisonment of the shipmaster of the Italian ship Asso28. He was convicted of two offences of abandonment for returning and handing around 100 migrants over to the personnel of a Libyan patrol boat, including some unaccompanied minors and pregnant women, whom he had previously rescued in international waters within the Libyan SAR zone. The case constitutes the first time an individual was held criminally responsible for failing to fulfil the duty of non-refoulement. Until recently, the refoulement duty has only served to exclude the liability of shipmasters who had complied with it whenever they were accused of facilitating irregular immigration. This case indicates the emergence of a new function of the principle, namely that of grounding the criminal liability of those who violate it. Continue reading >>
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