The ring of steel: extraterritorial migration controls in Indonesia and Libya and the complicity of Australia and Italy

Azadeh Dastyari, Asher Hirsch

Research output: Contribution to journalArticleResearchpeer-review

6 Citations (Scopus)

Abstract

This article provides an analysis of cooperative non-entrée policies in Australia and Italy. Through their funding, training and interception activities, Australia and Italy have aided and assisted Indonesia and Libya, respectively, in the commission of a number of internationally wrongful acts against refugees and migrants. These wrongful acts include refoulement; arbitrary detention; violations of the right to life; cruel, inhuman and degrading treatment or punishment; and violations of the right to leave. These human rights violations benefit Australia and Italy by preventing refugees and migrants from entering Australian and Italian territory. They are extensively reported and widely known. Neither Australia nor Italy can claim ignorance of the circumstances of these acts. In the light of this analysis, it is argued that, under Article 16 of the Articles on the Responsibility of States for Internationally Wrongful Acts, Australia and Italy are therefore responsible for their complicity in human rights violations in Indonesia and Libya, respectively.

Original languageEnglish
Pages (from-to)435-465
Number of pages31
JournalHuman Rights Law Review
Volume19
Issue number3
DOIs
Publication statusPublished - Nov 2019

Keywords

  • Australia
  • Extraterritorial immigration control
  • Italy
  • Migrants
  • Non-entrée policies
  • Refugee law

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