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

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