Abstract
The pushbacks of migrants at sea have multiplied in recent years, particularly in the Mediterranean. They are part of a strategy implemented by certain States of destination to prevent migrants from disembarking on their territory through a combination of measures. Although the modus operandi may vary, these operations at sea are denounced for their summary nature and varying degrees of inhumanity. Their legality under international law is assessed : on the one hand, with regard to the rules governing States’ enforcement jurisdiction and the obligation to rescue persons in distress at sea ; on the other hand, with regard to the rules guaranteeing fundamental human rights, whose extraterritorial application to pushbacks at sea is confirmed. These rules mutually support each other, requiring to ensure the safety of migrants in the context of coercive measures at sea, and protecting them against the risks of hazardous navigation and those incurred in and from the country to which they are returned.
Published Version
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