Human Rights Violations During EU Border Surveillance and Return Operations: Frontex’s Shared Responsibility or Complicity?

Silesian Journal of Legal Studies, Vol. 7

35 Pages Posted: 6 Aug 2015 Last revised: 11 Aug 2015

See all articles by Izabella Majcher

Izabella Majcher

European Council on Refugees and Exiles; Graduate Institute of International and Development Studies (IHEID)

Date Written: July 20, 2015

Abstract

As the International Law Association highlights “[power] entails accountability, that is the duty to account for its exercise.” Against this background, the article focuses on the question of accountability of the European Union (EU) border agency Frontex for potential human rights violations that may occur in the course of its operations. The article aims to challenge the Frontex’ stance that solely states would bear responsibility for any wrongful act. Rather, it is argued here, Frontex may incur responsibility, alongside a wrongdoing state. Shared responsibility or responsibility for complicity that may arise in such circumstances would reflect intertwined acts and powers of various actors involved in Frontex’ operations.

Keywords: Frontex; Joint Operations; Joint Return Operations; Accountability; Draft Articles on Responsibility of International Organizations; Shared Responsibility; Attribution of conduct; Complicity

Suggested Citation

Majcher, Izabella, Human Rights Violations During EU Border Surveillance and Return Operations: Frontex’s Shared Responsibility or Complicity? (July 20, 2015). Silesian Journal of Legal Studies, Vol. 7, Available at SSRN: https://ssrn.com/abstract=2640499

Izabella Majcher (Contact Author)

European Council on Refugees and Exiles ( email )

146 Rue Royale
Brussels, 1000
Belgium

Graduate Institute of International and Development Studies (IHEID)

PO Box 136
Geneva, CH-1211
Switzerland

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