This book analyses the allocation of responsibility for human rights violations that occur in the context of border control or return operations coordinated by Frontex. The analysis is conducted in three parts. The first part examines the detailed roles and powers of Frontex and the states involved during joint operations, focussing on the decision-making processes and chains of command. The second and third parts develop general rules that govern the allocation of responsibility under public international law, ECHR law, and EU non-contractual liability law in order to apply them to Frontex operations. To illustrate the practical implications of the findings, the study uses four hypothetical scenarios that are based on situations that have in the past given rise to human rights concerns. The book concludes that whilst responsibility for most human rights violations lies with the host state of an operation, it often shares this responsibility with participating states who contribute large assets as well as Frontex. However, the book also exposes how difficult it is for individuals to find a place for bringing complaints against violations of their human rights suffered at the EU's external borders. This casts doubts on whether the current legal framework offers them an effective remedy.

Examining the relationship between humanitarianism, human rights, and security in the governance of borders and migration, this book analyses the case of the European Border and Coast Guard Agency (Frontex), challenging the common assumption that humanitarianism and human rights provide a critical basis for countering securitisation. Arguing that these are not three opposing discourses and modes of governing, the author contributes to a deeper understanding of their connections and combined effects in border governance. Drawing on ethnographic fieldwork, interviews, and document analysis, the book offers three perspectives on Frontex's changing relationship to humanitarianism and human rights. In doing so, it provides a multifaceted account of Frontex and its gradual appropriation of what are often considered pro-migrant discourses. Combining organisational sociology with a Foucauldian analysis, the book speaks to ongoing debates on continuity and change in the security field and provides insights into studying security organisations more generally. Drawing on insights from Critical Migration and Border Studies, Critical Security Studies, Critical Humanitarianism and Human Rights Studies, and Organisational Sociology, the book will generate interest to multiple disciplines, including Sociology, International Relations, Politics, Anthropology, European Studies, and Geography.

What are the human rights obligations of Frontex and its member states at the borders of Europe? Who is responsible when the rights of people crossing those borders are breached? Those are the main questions that this book addresses while exploring the evolution of the European integrated border management (EIBM). The mode of administration of European borders has become a complex and polymorphous affair involving multiple actors working at different levels, with different competences and powers. In this context, borders are no longer lines on a map but enmeshed in a tapestry of different actors and technologies. This evolution not only puts to test the relationship between territory and public power, but it also requires a different understanding of the responsibility for the exercise of that power by a panoply of actors. This book addresses the challenges related to the implementation of the EIBM and the human rights responsibilities that it can trigger. It entwines two separate but interlaced discourses: the first being a reflection on the concept of EIBM and its human rights impact; the second being the question of the attribution of international responsibility for violations that occurred in the implementation of the EIBM.

Since the Frontex Border Agency's establishment in 2004, its activities have foregrounded the complexity and difficulty of protecting the human rights of those seeking access to the European Union. In this connection, protection from refoulement should be paramount in the Agency's work. By navigating through the intricacies of Frontex's structure and working methods, this book answers abiding questions: which circumstances would trigger European Union responsibility if violations were to occur in Frontex's joint operations? What is the legal standing of the principle of non-refoulement in relation to Frontex's activities? Can Frontex be entrusted with an exclusive search and rescue mandate? This book offers a theoretical and practical insight into the legislative intricacies of Frontex's work, examining the responsibility of the EU, and scrutinising the interaction of international law and EU law with a focus on the principle of non-refoulement.

Since the Frontex Border Agency's establishment in 2004, its activities have foregrounded the complexity and difficulty of protecting the human rights of those seeking access to the European Union. In this connection, protection from refoulement should be paramount in the Agency's work. By navigating through the intricacies of Frontex's structure and working methods, this book answers abiding questions: which circumstances would trigger European Union responsibility if violations were to occur in Frontex's joint operations? What is the legal standing of the principle of non-refoulement in relation to Frontex's activities? Can Frontex be entrusted with an exclusive search and rescue mandate? This book offers a theoretical and practical insight into the legislative intricacies of Frontex's work, examining the responsibility of the EU, and scrutinising the interaction of international law and EU law with a focus on the principle of non-refoulement

Examining the relationship between humanitarianism, human rights, and security in the governance of borders and migration, this book analyses the case of the European Border and Coast Guard Agency (Frontex), challenging the common assumption that humanitarianism and human rights provide a critical basis for countering securitisation. Arguing that these are not three opposing discourses and modes of governing, the author contributes to a deeper understanding of their connections and combined effects in border governance. Drawing on ethnographic fieldwork, interviews, and document analysis, the book offers three perspectives on Frontex’s changing relationship to humanitarianism and human rights. In doing so, it provides a multifaceted account of Frontex and its gradual appropriation of what are often considered pro-migrant discourses. Combining organisational sociology with a Foucauldian analysis, the book speaks to ongoing debates on continuity and change in the security field and provides insights into studying security organisations more generally. Drawing on insights from Critical Migration and Border Studies, Critical Security Studies, Critical Humanitarianism and Human Rights Studies, and Organisational Sociology, the book will generate interest to multiple disciplines, including Sociology, International Relations, Politics, Anthropology, European Studies, and Geography.

Human rights seemingly offer universal protection. However, irregular migrants have, at best, only problematic access to human rights. Whether understood as an ethical injunction or legally codified norm, the promised protection of human rights seems to break down when it comes to the lived experience of irregular migrants. This book therefore asks three key questions of great practical and theoretical importance. First, what do we mean when we speak of human rights? Second, is the problematic access of irregular migrants to human rights protection an issue of implementation, or is it due to the inherent characteristics of the concept of human rights? Third, should we look beyond human rights for an effective source of protection? Written is an accessible style, with a range of socio-legal and doctrinal approaches, the chapters focus on the situation of the irregular migrant in Europe and the United States. Throughout the book, nuanced theoretical debates are put in the context of concrete case studies. The critical reflections it offers on the limitations and possibilities of human rights protections for irregular migrants will be invaluable for students, scholars and practitioners.