MARITIME INTERDICTION AND THE RETURN OF MIGRANT BOATS UNDER THE LAW OF SEA
Öz
Maritime Interdiction is currently one of the most disputed instruments used by states to manage their borders. All states possess the inherent right of granting or denying access to its territories. By exercising this sovereign right, states use all means and resources to interdict and turn back migrants’ boats that have come to their borders. One of the real problems that emerge here is that such interception measures taken rarely check properly which of the migrants need protection and which are illegal. These circumstances raise many issues under International Law. For instance, the issue of refugee protection; the obligations upon states to protect life at sea; obligation upon states for search and rescue; protection under the principle of Non-Refoulement; it also questions the states authority to control the seas as an immigration policy tool. Such are some of the issues that concern various human rights at sea. The aim of this paper is to understand legal status of the concept of Maritime Interdiction and the return of migrant boats under the International Law, UNCLOS and the contemporary state practice. The author believes that humanitarian consideration (i.e. protection of lives at sea) must prevail over personal interests of states. This paper uses doctrinal research methods and comparative analysis of states approaches to maritime interdiction actions. Analysis has also been strengthened with the decisions of states, regional and international courts.
Anahtar Kelimeler
Kaynakça
- Al-Skeini et al. v. the United Kingdom, (2011). Application no. 55721/07, European Court of Human Rights, https://hudoc.echr.coe.int/fre#{ %22itemid%22:[%22001-105606%22]}, Access Date: 15.03.2024.
- Anderson, H.E. (1996). The nationality of ships and flags of convenience: Economics, politics and alternatives. Tulane Maritime Law Journal 21: 140-160.
- Australian Government. (2010). Report of the Senate Foreign Affairs, Defence and Trade References Committee on the maritime incident involving asylum seekers. Parliament of Australia. https://www.aph.gov.au/Parliamentary_Business/Committees/Senate/For mer_Committees/maritimeincident/report/c11. Accessed Date: 13.11.2024.
- Australian Migration Act. (1958). (as amended up to 2009) https://www.refworld.org/cgibin/texis/vtx/rwmain/opendocpdf.pdf?reldoc =y&docid=52de3d284, Access Date: 13.02.2024.
- Brill, F. (2004). Denying haiti’s refugees. The Washington Post https://www.washingtonpost.com/archive/opinions/2004/03/06/denyingh aitis-refugees/5c8821a6-a851-417f-b852-99586049be17/, Access Date: 21.07.2023.
- Brouwer, A. & Kumin, J. (2003). Interception and asylum: When migration control and human rights collide. Refuge: Canada’s Journal on Refugees, 21(4): 6-24. https://doi.org/10.25071/19207336.21305 Churchill, R.R. & Lowe, A.V. (1999) The law of the sea. Manchester University Press.
- Commission of the European Communities (2007). Commission staff working document: Study on the international law instruments in relation to illegal immigration by sea. (Brussels: May 15, 2007), SEC (2007) 691 https://ec.europa.eu/homeaffairs/sites/homeaffairs/files/elibrary/document s/policies/irregularmigrationreturn/pdf/irregularimmigration/sec_2007_69 1_en.pdf Access Date: 10.07. 2024.Convention on the Territorial Sea and the Contiguous Zone (adopted on 29 April 1958, entered into force on 10 September 1964) 516 UNTS 205. Convention Relating to the Status of Refugees (adopted on 28 July 1951, entered into force on 22 April 1954) 189 UNTS 150.
- Crock, M. (2003). In the wake of the tampa: conflicting visions of the international refugee law in the management of refugee flows. Pacific Rim & Policy Journal 12(1): 49-95.
- Crock, M. (2003). The refugee convention at 50: mid-life crisis or terminal inadequacy? an australian perspective. In the refugees convention 50 years on: globalization and international law, Susan Kneebone (Eds). UK, Ashgate.
- Fink, M. (2018). Maritime interception and the law of naval operations. TMC Asser Press.