Interception on the High Seas - An Alternative to Elude the Principle of Non-Refoulement?

Sammanfattning: Pre-border controls can be used to control the movement of migrants outside of the state’s territory and thereby avoid obligations the that is stated in international refugee law and human rights. Extraterritorial migration management are often settled through bilateral agreements between the state of origin and the prospect destination country. The cooperation between Italy and Libya constitutes an example of extraterritorial migrations management. Through maritime interception on the high seas are migrants being returned to Libya, with support from Italy in compliance with the Memorandum of Understanding that was signed in 2017. Non-governmental organizations and international bodies publish reports of the inhumane treatment that face migrants in Libya. The cooperation has therefore been highly criticized for breaching the principle of non-refoulement. The overall aim of this study is to explore interception on the high seas that occur in compliance with bilateral agreements between Italy and Libya and the compatibility with the principle of non-refoulement. To achieve the overall aim of this study will the implication of the principle of non-refoulement and its appliance on the high seas be examined. The study will explore interception on the high seas and the legal standards that must be considered. There will also be an investigation whether the Memorandum of Understanding constitutes a potentially breach the principle of non-refoulement by Italy. A legal dogmatic method is used to conduct the study. The study shows that the cooperation between Italy and Libya constitutes a potential breach of the principle of non-refoulement. It has been affirmed in earlier case-law from the ECtHR the refoulement of migrants to Libya entails a real risk of being exposed to torture or other inhumane treatment after being returned.