UNIT 4 AOS 1 PM INTL LAW 1

Question 1

International law relating to people movement (refugee convention 1951/67) AIMS:

Answer 1

The Refugee Convention defines refugees are people owing to a well-founded fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group or political opinion, is outside the country of his nationality and is unable or, owing to such fear, is unwilling to avail himself of the protection of that country

Aims:
- Non refoulement (article 33) – refugees cannot be sent back to a place where they might be persecuted

• Non expulsion (article 32) – refugees may not be arbitrarily expelled by a state
• Non penalization (article 31) - Refugees may sometimes need to enter a country without permission or with false documents prior to claiming asylum. States may not punish asylum seekers for entering its territory unconventionally

Question 2

International law relating to people movement (refugee convention 1951/67) Power and enforcement mechanisms:

Answer 2

International monitoring:
- The United Nations High Commissioner for Refugees (UNHCR) is the primary body responsible for overseeing the implementation of the Refugee Convention. It monitors compliance by states and provides guidance and assistance to ensure that refugees’ rights are upheld.
- The UNHCR conducts regular evaluations and produces reports on the status of refugees and the implementation of the Convention in different countries.

Diplomatic pressure:
- The UNHCR and other international organizations can exert diplomatic pressure on states to comply with the Convention. This can include formal communications, meetings, and public statements urging states to uphold their obligations
- Hungary faced significant criticism from various international human rights organizations, including Amnesty International and Human Rights Watch. Diplomatic pressure from other EU member states and institutions called for Hungary to align its policies with international and EU standards

Economic sanctions:
- In extreme cases, the international community can impose economic sanctions on states that consistently violate their obligations under the Refugee Convention. While this is rare, it serves as a deterrent against non-compliance.

Question 3

International law relating to people movement (refugee convention 1951/67) example of state following aims - Germany following Refugee convention aims

Answer 3

• Germany 2015 EU migrant crisis
• Non-Refoulement (Article 33): Germany adhered to the principle of non-refoulement by providing asylum and protection to Syrian refugees, ensuring they were not returned to Syria, where they would face persecution and danger due to the ongoing civil war
• Non-Expulsion (Article 32): Germany respected the rights of refugees from (Afghanistan, Syria and Iran) by not arbitrarily expelling them. The country provided legal avenues for asylum seekers to stay and seek protection while their claims were processed
• Non-Penalization (Article 31): Germany demonstrated adherence to non-penalization by not punishing refugees for irregular entry into the country. This included accepting those who arrived without proper documentation or through irregular means, acknowledging their need for protection and the often-dire circumstances they faced

Question 4

International law relating to people movement (refugee convention 1951/67) example of state not following aims - Hungary’s breaching of Refugee convention aims

Answer 4

• Hungary in 2015 EU migrant crisis
• Non-Refoulement (Article 33):
  Pushbacks and Border Closures: Hungary’s response included strict border control measures, such as the construction of a border fence and the use of physical force to prevent refugees from entering. Reports emerged of “pushbacks,” where refugees were forcibly returned to Serbia without proper asylum procedures, raising concerns about breaches of the non-refoulement principle
• Non-Expulsion (Article 32):
• Arbitrary Detention: Hungary implemented policies that involved the detention of asylum seekers in transit zones along the border. Conditions in these detention facilities were criticized as inhumane, and the treatment of asylum seekers raised concerns about arbitrary detention and expulsion, potentially conflicting with international standards
• Non-Penalization (Article 31):
• Criminalization of Irregular Entry: Hungary’s approach to managing the refugee crisis included criminalizing irregular entry and the unlawful crossing of borders. Refugees who crossed the border irregularly faced legal penalties and were detained, which contravened the Convention’s aim of not penalizing asylum seekers for entering a country without permission in order to seek asylum.

Question 5

Responses by relevant global actors (cosmopolitan) - Germany’s response to EU migrant crisis

Answer 5

Germany’s response to the EU migrant crisis (cosmopolitanism):
Details:
- “Germany is a country that puts the dignity of every single human being at the centre of things” – Angela Merkel (chancellor of regime)
- Merkel’s famous statement, “Wir schaffen das” (“We can do this”), signified Germany’s commitment to providing refuge to those fleeing conflict and persecution
- “Open door policy” – unrestricted number of asylum applications received by the state
- Over 800 000 asylum applications accepted with 60 percent of those claims being accepted
- Over 20 billion euros invested in support for these refugees – housing, education, employment, protection, security
- The Skilled Workers Immigration Act, which came into effect in March 2020, facilitated the entry of qualified professionals from non-EU countries, addressing labour shortages in various sectors such as healthcare and engineering.

Effectiveness:
- Cost of entire program and support cost 20 million euros
- Public support of the refugees fell by below 46% according to poll in 2016
- However, by 2016/17, anger among German voters surged over the influx of refugees, especially following extensive media coverage of crimes committed by asylum seekers. Notably, in 2016, a jihadist failed asylum seeker carried out an attack at the Berlin Christmas market. This event contributed to a rise in right-wing political presence and an increase in racial and political hate crimes, with refugees being targeted and left-wing politicians facing attacks.

Can be used for:
- Germany’s response (cosmopolitanism):
- An example of cosmopolitan response by global actor to the ethical issue
- An example of following international law (successful enforcement of both Refugee convention and Dublin Regulation)
- An example of obligation to strangers versus national interests, including border security (obligation to refugees)
- An example of differing approaches regarding refugee resettlement (cosmopolitanism)
- Rights of refugees versus economic migrants (cosmopolitanism)

Question 6

Responses by relevant global actors (realist) - Hungary response to EU migrant crisis

Answer 6

Hungary’s response to the EU migrant crisis (realist):
Details:
- The mandatory resettlement quota challenged the state sovereignty of Hungary as it infringed the state’s right to border control and immigration policy
- “Muslim invaders” – President Victor Orban
- 106 million USD to erect 4m high, 110-mile-long anti-immigration border fencing along the southern regions of Hungary that meet Serbia and Croatia to hinder crossing
- Hungary averaged 2 refugees that found asylum within its nation per day during the crisis
- Challenged state security, economic stability, and caused cultural and religious clashing – fear of Muslims negatively impacting the predominant Christian demographic
- 98 percent of public votes in favour of obstructing refugee acceptance

Effectiveness:
- Despite significantly fewer refugees being accepted, the murder rates in Hungary continued to rise, from 2.26 per 100 000 to over 2.5 in 2017
- Despite doing all this to prevent the exacerbation of economic strife and increased terror, the economic stability and security indeed continued to deteriorate showing the ineffectiveness of their response
- The border walls built as a part of the initiative against asylum seekers cost an approximate 106 million USD

Can be used for:
- Hungary’s response (realist)
- An example of realist response by global actor to the ethical issue
- An example of not following international law (unsuccessful enforcement of both Refugee Convention and Dublin Regulation)
- An example of obligation to strangers versus national interest, including border security (national interests including border security)
- An example of differing approaches regarding refugee resettlement (realist)