This volume elucidates and explores the interrelationships and direct causal connection between serious international crimes, serious breaches to fundamental human rights, and gross affronts to human dignity that lead to mass forced migration. Forced migration most often occurs in the context of protracted armed conflict of a noninternational nature where terrorism, fierce fighting, deep animosity, tit-for-tat retaliation, and “rapid dominance” doctrine all lead to the commission of atrocity crimes. Accordingly, this volume makes a valuable contribution to the literature and to the cause of trying to resolve mass forced displacement at its root cause, to explore the course that it takes, and how it might be prevented. The collection comprises original research by leading legal scholars and jurists focusing on the three central themes of serious international crimes, human rights, and forced migration. The work also includes a Foreword from Sir Howard Morrison, QC, former President of the Appeals Division of the International Criminal Court. The book will be a valuable resource for students, academics, researchers, and policymakers working in the areas of international law, migration, human rights, and international criminal law.

Migration is one of the greatest societal challenges of our time. It has many facets, from mass movements to escape war, climate, or human rights abuses to the search for economic opportunity and prosperity. Illicit industries facilitate border crossings at the expense of safety, and governments face problems of processing and integrating new arrivals. These challenges have had a profound impact in Europe, calling into question central values of solidarity and human rights. This book analyses the law and policy of migration in the European Union (EU) and its relationship to understandings of the EU as an international human rights actor. It examines the role crisis plays in determining the priorities of migration policy and the impact political exigencies have on the rights of migrants. This book problematises the EU Area of Freedom, Security, and Justice as a ‘home.’ Taking a governmentality approach to critique discourse, the idea of a holistic approach is deconstructed to explore notions of wellness, resilience, responsibilisation and externalisaton. The EU’s pursuit of a holistic approach to managing migration in crisis indicates problems with EU solidarity, and the tactics employed to bring the crisis under control reveal security concerns that provoke questions about the EU as an international human rights actor. Both this framework for analysis and the empirical findings make a significant contribution to how the migration crisis can be theorised using adaptable conceptual tools. Under this form of governance, migration becomes a phenomenon to be treated so that its symptoms are ameliorated. This book will be of interest to students and scholars of the EU, migration, and human rights as well as policymakers, commentators, and activists in these areas.

This book analyses the use and abuse of social welfare as a means of border control for asylum seekers and refugees in Australia. Offering an unparalleled critique of the regulation and deterrence of protection seekers via the denial or depletion of social welfare supports, the book includes contributions from legal scholars, social scientists, behavioural scientists, and philosophers, in tandem with the critical insights and knowledge supplied by refugees. It is organised in three parts, each framed by a commentary that serves as an introduction, as well as offering pertinent comparative perspectives from Europe. Part One comprises three chapters: a rights-based analysis of Australia’s ‘hostile environment’ for protection seekers; a searing critique of welfare policing of asylum seekers as ‘necropolitics’; and a unique philosophical perspective that grounds scrutiny of Australia’s policing of asylum seekers. Part Two contains five chapters that uncover and explore the lived experiences and adverse impacts of different social welfare restrictions for refugee protection seekers. Finally, the chapters in Part Three offer distinct views on human rights advocacy movements and methods, and the scope for resistance and change to the status quo. This book will appeal to an international, as well as an Australian, readership with interests in the areas of human rights, immigration and refugee law, social welfare law/policy, social work, and public health.

Unaccompanied child asylum seekers are amongst the world’s most vulnerable populations, and their numbers are increasing. The intersection of their age, their seeking asylum, and separation from their parents creates a specific and acute triple burden of vulnerability. Their precariousness has long been recognised in international human rights law. Yet, human rights-based responses have been subordinated to progressive global securitisation of irregular migration through interception, interdiction, extraterritorial processing and immigration detention. Such an approach necessitates an urgent paradigm shift in how we comprehend their needs as children, the impact of punitive border control laws on them, and the responsibility of States to these children when they arrive at their borders seeking asylum. This book reconceptualises the relationship between unaccompanied child asylum seekers and States. It proposes a new conceptual framework by applying international human rights law, childhood studies and vulnerability theory scholarship in analysing State obligations to respond to these children. This framework incorporates a robust analysis of the operation and impact of laws on vulnerable populations, a taxonomy for articulating the gravity of any consequent harms and a method to prioritise recommendations for reform. The book then illustrates the framework’s utility using Australia’s treatment of unaccompanied children as a case study. This book illuminates key learnings from human rights law, childhood studies and vulnerability theory and transforms them into a new roadmap for law reform. As such, it will be a valuable practice-based resource for practitioners, non-government organisations, advocates, policymakers and the general public interested in advocating for the rights of vulnerable populations as well as for academics, researchers and students of human rights law, refugee law, childhood studies and vulnerability studies.

This book provides a multi-disciplinary investigation of family reunification laws, policies and practices across the European Union. Family reunification – the possibility for family members to (re)unite in a country where one of them is residing – has been high on the political agenda. Building on original empirical research with families and practitioners as well as in-depth doctrinal analyses, the book explores the fragmentation of legal rules, the gaps between formal regulations and practices, and their consequences for families across borders. Different contributions in the volume point to the growing inequalities among and within applicant families, based on residence status, gender, location, citizenship and socio-economic resources, due to the family reunification regimes currently in place.The book enhances interdisciplinary dialogue by providing clear insights into the specific contribution of migration law, private international law and social scientific analyses to the study of family reunification. The book is aimed at researchers working on the topic of family reunification, as well as students of law and socio-legal studies and practitioners in the field of migration.

The Convention Relating to the Status of Refugees adopted on 28 July 1951 in Geneva continues to provide the most comprehensive codification of the rights of refugees yet attempted. Consolidating previous international instruments relating to refugees, the 1951 Convention with its 1967 Protocol marks a cornerstone in the development of international refugee law. At present, there are 149 States Parties to one or both of these instruments, expressing a worldwide consensus on the definition of the term refugee and the fundamental rights to be granted to refugees. These facts demonstrate and underline the extraordinary significance of these instruments as the indispensable legal basis of international refugee law. This Commentary provides for a systematic and comprehensive analysis of the 1951 Convention and the 1967 Protocol on an article-by-article basis, exposing the interrelationship between the different articles and discussing the latest developments in international refugee law. In addition, several thematic contributions analyse questions of international refugee law which are of general significance, such as regional developments, the interrelationship between refugee law and general human rights law, as well as the relationship between refugee law and the law of the sea.

The international protection regime for refugees and other forced migrants seems increasingly at risk as measures designed to enhance security-of borders, of people, of institutions, and of national identity-encroach upon human rights. This timely edited collection responds to some of the contemporary challenges faced by the international protection regime, with a particular focus on the human rights of those displaced. The book begins by assessing the impact of anti-terrorism laws on refugee status, both at the international and domestic levels, before turning to examine the function of offshore immigration control mechanisms and extraterritorial processing on asylum seekers' access to territory and entitlements (both procedural and substantive). It considers the particular needs and rights of children as forced migrants, but also as children; the role of human rights law in protecting religious minorities in the context of debates about national identity; the approaches of refugee decision-makers in assessing the credibility of evidence; and the scope for an international judicial commission to provide consistent interpretative guidance on refugee law, so as to overcome (or at least diminish) the currently diverse and sometimes conflicting approaches of national courts. The last part of the book examines the status of people who benefit from 'complementary protection'-such as those who cannot be removed from a country because they face a risk of torture or cruel, inhuman or degrading treatment or punishment-and the scope for the broader concept of the 'responsibility to protect' to address gaps in the international protection regime.

This edited volume addresses the broader aspects of the political and social landscape, human rights violations, accountability and advocacy efforts, and humanitarian challenges faced by the Rohingya from Myanmar. The work brings together different voices of legal, policy, and international affairs experts to construct a framework which addresses the complex and nuanced issues comprising the Rohingya crisis. Although there is recognition that international legal mechanisms are moving forward more quickly than anticipated, these processes do not constitute standalone sustainable solutions. Myanmar’s myriad political, social cohesion, development and security challenges are likely to persist even as justice and accountability processes move forward. Thus, this book project is premised on the consensus that the international community should complement international justice mechanisms by looking toward creative and multi-faceted approaches in addition to justice and accountability. This timely contribution will be of interest to academics, researchers, development practitioners, and human rights organizations.

Human Rights, Hegemony and Utopia in Latin America: Poverty, Forced Migration and Resistance in Mexico and Colombia by Camilo Pérez-Bustillo and Karla Hernández Mares explores the evolving relationship between hegemonic and counter-hegemonic visions of human rights, within the context of cases in contemporary Mexico and Colombia, and their broader implications. The first three chapters provide an introduction to the book ́s overall theoretical framework, which will then be applied to a series of more specific issues (migrant rights and the rights of indigenous peoples) and cases (primarily focused on contexts in Mexico and Colombia,), which are intended to be illustrative of broader trends in Latin America and globally.

Economics plays a key role in human rights issues as decision-makers weigh the incentives associated with choosing how to use scarce resources in the context of committing or escaping human rights violence. This textbook provides an introduction to the microeconomic analysis of human rights utilizing economics as a lens through which to examine social topics including capital punishment, violence against women, asylum seeking, terrorism, child abuse, genocide, and hate. Whether analyzing the decisions made in capital punishment cases, the causes and consequences of genocide, or the impact of terrorist acts on domestic and international decision-making, the science of economics provides tools and a systematic method of analysis and policy recommendation. This key text presents a method for integrating the social sciences of economics and human rights to create new opportunities for the investigation of social issues. Within each chapter, readers gain a fundamental understanding of a specific human rights issue, the decision-makers and the decision-making process involved, and the benefits and costs leading to the decisions. Experts on each issue, drawn from a variety of fields, contribute to each chapter and present first-hand accounts and different perspectives on each issue. The detailed analyses and accounts provided also explore the potential incentives involved in the prevention and termination of human rights violations. Aiming to further economic inquiry and enhance interdisciplinary research, this textbook serves as a multi-purpose guide for a range of readers. Students, researchers, and educators, as well as those working in organizations supporting victims of human rights violations and policy-makers facing human rights challenges, will find this book informative and engaging.