The Mediterranean Sea as a Site of Enforced Disappearances? - International Responsibility of European States in the Context of Migration

Sammanfattning: This thesis explores the question of whether European States, with a specific emphasis on European Union (EU) Member States, can be held responsible for the enforced disappearance of migrants in the Mediterranean Sea under the European Convention on Human Rights (ECHR). Following the migration crisis of 2015, EU policy and measures on migration revealed a strong focus on protecting the external border of the EU, rather than prioritizing the lives of migrants. As a consequence, the Mediterranean is one of the deadliest migration routes in the world. Nonetheless, the externalization of border controls done by the EU to third states has led to a lack of accountability for these deaths. This situation prompts inquiry into how international law could address the responsibility of EU Member States. This thesis proposes a possible solution to the rightlessness of migrants in the Mediterranean by analyzing if their situation corresponds to the concept of enforced disappearances in international human rights law. The difficulties in fitting missing migrants into the current framework on enforced disappearances is highlighted, but nonetheless, the thesis contends that there are plausible scenarios where the definitional elements of enforced disappearances are met by missing migrants in the Mediterranean. To this end, the jurisdictional issue of whether migrants fall within the jurisdiction of European States within the meaning of the ECHR is also addressed. Different jurisdictional approaches are explored, presenting arguments for establishing a jurisdictional link to hold European States responsible for violations of the rights and freedoms guaranteed by the ECHR. This scrutiny particularly emphasizes the positive obligations of EU Member States toward migrants in the Mediterranean as a result from search and rescue operations, border control measures and cooperation with third states. Despite challenges, the thesis argues that labeling missing migrants as enforced disappearances could reinforce investigatory duties and enhance accountability. The Mediterranean’s tragic numbers of disappearances and deaths underscore the need to guarantee migrants’ rights and overcome impunity. The evolving nature of international law may prompt an interpretation of the prohibition of enforced disappearance to better reflect contemporary cases of disappearances. This could involve broadening the scope of protection to include those who go missing in the Mediterranean. The thesis highlights the complex legal landscape surrounding the responsibility of European States for enforced disappearance of migrants in the Mediterranean, emphasizing the need for nuanced approaches that balance accountability and effective human rights protection.