From Australia to the EU, Can International Law Actually Protect Refugees?

From Australia to the EU, Can International Law Actually Protect Refugees?
Migrants behind a fence at the Nizip refugee camp, Gaziantep province, southeastern Turkey, April 23, 2016 (AP photo by Lefteris Pitarakis).

There has been no shortage of criticism of Europe’s response to the worsening refugee crisis that first escalated in 2015. In January, Denmark passed a law authorizing the government to seize assets from asylum-seekers. Poland and Slovakia announced they would only accept Christian refugees from Syria. And a recent deal between the European Union and Turkey has come under fire over questions about its legality. The deal allows Greece to return “all new irregular migrants” to Turkey; in exchange, for every migrant settled in Turkey, one Syrian already in Turkey will be resettled in the EU.

Immediately after the deal’s passage, human rights organizations denounced the EU-Turkey deal, notably for violating the 1951 Refugee Convention, which requires individual protection of refugees rather than the mass returns of refugees from Greece to Turkey that the agreement calls for.

As Matthew Gibney, a professor of politics and forced migration at the University of Oxford, wrote in WPR in March, using Turkey as a “safe country where those who would otherwise seek asylum in Europe could stay and, potentially, where those who do arrive might be returned” is “problematic, legally and morally. Turkey is not a signatory to the full Refugee Convention; it has a dubious history when it comes to human rights protection; and preventing refugees from leaving would seem to violate the right of refugees to seek asylum.”

Keep reading for free!

Get instant access to the rest of this article by submitting your email address below. You'll also get access to three articles of your choice each month and our free newsletter:

Or, Subscribe now to get full access.

Already a subscriber? Log in here .

What you’ll get with an All-Access subscription to World Politics Review:

A WPR subscription is like no other resource — it’s like having a personal curator and expert analyst of global affairs news. Subscribe now, and you’ll get:

  • Immediate and instant access to the full searchable library of tens of thousands of articles.
  • Daily articles with original analysis, written by leading topic experts, delivered to you every weekday.
  • Regular in-depth articles with deep dives into important issues and countries.
  • The Daily Review email, with our take on the day’s most important news, the latest WPR analysis, what’s on our radar, and more.
  • The Weekly Review email, with quick summaries of the week’s most important coverage, and what’s to come.
  • Completely ad-free reading.

And all of this is available to you when you subscribe today.

More World Politics Review