What is it about?
The criminalisation of migration is one of the most explicit ways in which law generates, sustains, and even legitimizes hostility towards “unwanted migrants”. This article will take into examination the criminalisation of “unwanted migration” by the Italian authorities and its relation to internationally established legal principles in the area of human mobility, arguing that the expansion of penal populism constitutes a danger for the balance among them. The article starts with an analysis of human mobility in international law and the “protection through prosecution” paradigm to highlight an inherent harmony of the aims of the legal systems dealing with human mobility from the humanitarian and criminal law perspective. Section two scrutinises the Italian case and the populistic distortion of the provisions and principles entailed in the field of transnational criminal law to counter human mobility. Section three reconnects the national criminalisation of migration with the international legal dimension and argues that the misuse of the transnational organised crime framework ultimately legitimises the violation of human and refugee rights and contravenes key international law principles.
Photo by Miko Guziuk on Unsplash
Read the Original
This page is a summary of: International Legal Principles, Penal Populism and Criminalisation of ‘Unwanted Migration’, International Community Law Review, August 2022, Brill, DOI: 10.1163/18719732-bja10092.
You can read the full text:
MAPS Jean Monnet Network Conference 2020
Minetti's contribution is at min 03:07:38. 2020 has been characterised by immense global upheaval due to the Covid-19 pandemic, which has shed light on the barriers faced by forced migrants in accessing their rights. This conference will engage in a critical appraisal of the law’s response to the challenges faced by those searching safe haven in the current context. It will interrogate the law’s conflicting role in creating vulnerability and hostility, while also being a source of protection. This tension will be unpacked in three thematic panels and one expert roundtable, problematizing the unique position of forced migrants in times of emergency and considering the risks and opportunities of the New Pact on Migration and Asylum of the European Commission. The conference is convened by Dr Violeta Moreno-Lax and Dr Niovi Vavoula (QMUL, Immigration Law Programme) as part of the MAPS Jean Monnet Network.
The following have contributed to this page