The Mediterranean Migration Crisis: Highlighting the Gaps Between International Law and Justice

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Friday, April 19, 2019
Author: 
Evan Schleicher
Volume: 
35
Issue: 
4
Abstract: 

The European Union Naval Force Mediterranean (EUNAVFOR MED) was established as part of an “EU comprehensive response to the migration issue. In March, “the Operation Commander [was] instructed to suspend…the deployment of the Operation's naval assets [until September 2019].” This move has been roundly criticized as an abdication of Europe’s responsibilities under international law to protect vulnerable peoples. While the EUNAVFOR MED mission does more than just search and rescue operations, this article will focus on that aspect of the mission, attempting to parse out the legality of European actions surrounding the migrant crisis in the Mediterranean. It seems, based upon the evidence, that the suspension of the Operation’s naval assets will reduce its potential liability under international law while also, somewhat paradoxically, leading to more abuses and hardships for migrants. The gaps in international law which allow this paradox to exist must be addressed if the migrant crisis is to be resolved and human rights under international law are to be effectively upheld.