Browsing by Subject "collective expulsion of aliens"

This study examines the use of migrants or asylum seekers as a means of pressure by States towards other States. The term ‘coercive engineered migration’ (CEM) by Kelly Greenhill, denoting cross-border population movements that are deliberately created or manipulated in order to induce political, military and/or economic concessions from a target State or States, is used as the factual framework in this study to describe the phenomenon under examination. Inspired by the recent events between Belarus and its neighbours, this study looks at a situation, where a sending State, outside the EU and CoE, is deliberately sending asylum seekers to its neighbour, the receiving State, being an EU and CoE Member State. The research question guiding this study is: ‘Can an EU and CoE member State receiving asylum seekers in connection to a situation of coercive engineered migration prevent the entry into its territory from said individuals?’ An answer is attempted via doctrinal analysis of the receiving State’s rights under the jus ad bellum and parallel obligations under international human rights law, namely obligations relating to non-refoulement and collective expulsion of aliens under the ECHR. It is submitted that a CEM situation may amount up to a use of force and where it does, in order to draw a balance between the State’s rights and the human rights of the asylum seekers, the receiving State should be able to derogate from its collective expulsion-related obligations under the ECHR and the EU Fundamental Rights Charter in order to close off a portion of its land border to defend itself against the CEM situation deliberately created by the sending State.