June 2020

June 2020- International Criminal Court Update

By: Shraddha Dubey, Junior Research Associate, PILPG-NL

In the past month, the International Criminal Court (ICC or Court) saw multiple developments. The most noteworthy of these was the surrender and appearance of Ali Kushayb before the ICC, and the partially virtual hearing before the Appeals Chamber in the Gbagbo and Blé Goudé case. The Prosecutor of the Court also issued statements regarding the situations in Democratic Republic of the Congo and Libya. Additionally, the Court released Guidelines for hearings during the Covid-19 pandemic and saw the declaration of sanctions against its officials by the United State of America. 

AFRICA

Sudan | Ali Kushayb surrenders and makes first appearance before the ICC

On 9 June, 2020, Ali Muhammad Ali Abd–Al-Rahman (Ali Kushyab) was transferred to the ICC’s custody after he surrendered himself voluntarily in the Central African Republic. The first arrest warrant against him was issued on 27 April 2007. Subsequently, a second warrant was published for the public on 11 June 2020 listing 53 counts of individual criminal responsibility for war crimes and crimes against humanity allegedly committed in Darfur (Sudan). On 10 June, 2020, the Prosecutor informed the United Nations Security Council about the surrender of Ali Kushyab while presenting her Office’s thirty-first report on the Darfur situation, pursuant to Security Council Resolution 1593.

On 15 June, 2020, Ali Kushyab appeared before Pre-Trial Chamber II via video-link from the ICC Detention Centre. The Single Judge verified Ali Kushyab’s identity, and ensured that he was informed of his rights and the crimes he is alleged to have committed under the Rome Statute in a language he fully understands and speaks. The opening of the confirmation of charges hearing was scheduled provisionally for 7 December 2020. 

Côte d'Ivoire | Appeals hearing in the Gbagbo and Blé Goudé case

From 22 to 24 June 2020, the Appeals Chamber of the ICC held a partially virtual hearing in the case of The Prosecutor v. Laurent Gbagbo and Charles Blé Goudé. It heard the observations of Parties and Participants on the Prosecutor’s Appeal against the acquittal decision in this case on 15 January 2019. The Chamber will make its judgment on this appeal at a later stage.

The hearing took place with the participation of the Prosecutor, acquitted persons and their representatives, the Office of Public Counsel for Victims, judges and legal staff of the Appeals Chamber, and members of the Registry. Due to the current situation linked to Covid-19, they participated from the premises of the Court while distanced from each other as necessary, and subject to medical clearance from the Court as well as from separate locations outside the Court.

Democratic Republic of the Congo | Prosecutor of the ICC’s statement regarding the situation in Ituri

On 4 June 2020, the Prosecutor of the ICC, Fatou Bensouda issued a statement regarding the situation in Ituri, Democratic Republic of the Congo. She expressed concern over the numerous reports of escalation in serious violence in Ituri, particularly in the territories of Djugu and Mahagi stating that these acts could constitute crimes within the ICC’s jurisdiction. She called on all groups and parties involved to cease attacks without delay and urged the DRC to increase its efforts to investigate the incidents.   

Libya | Prosecutor of the ICC’s statement regarding the situation Libya

On 22 June, 2020, Prosecutor of the ICC, Fatou Bensouda issued a statement regarding the apparent discovery of mass graves found in the city of Tarhuna and its surroundings in Libya. She noted that these findings may constitute evidence of war crimes or crimes against humanity. She called upon the Libyan authorities to take all the necessary measures to protect and secure the mass grave sites and to ensure that all actions taken in this regard are conducted in a manner that will not prejudice future investigations. She also welcomed the decision of the United Nations Secretary General, António Guterres, offering support in this regard, through the statement of 12 June 2020.

ASIA

Palestine | State of Palestine submitted its response to the Pre-Trial Chamber’s Order requesting additional information

On 4 June 2020, the State of Palestine submitted its response to the Pre-Trial Chamber’s Order requesting additional information. Regarding the Pre-Trial Chamber’s request from 26 May 2020 for more information on the Palestine President’s statement, Palestine noted that it is not apparent from the Order, which issues raised in the statement are being referred to, and has responded to it based on its understanding of the scope of the Order.

ICC OPERATIONS

Measures against ICC | The United States of America announced sanctions against the ICC officials

On 11 June, 2020, President Donald Trump issued an executive order authorizing asset freezes and travel bans against officials of the ICC and potentially targeting others who assist ICC in its investigations. The ICC expressed regret over the measures. It declared that it stands firmly by its staff and continues to remain committed to achieving its objectives enshrined in the Rome Statute. The President of the Assembly of State Parties, Mr. O-Gon Kwon released a statement rejecting the measures taken against the ICC and called upon all States Parties and stakeholders of the Rome Statute to reinstate their support for the ICC. Multiple States parties to the Rome Statute have expressed their support for the ICC.

Release of Guidelines for the Judiciary

On 23 June, 2020, the Presidency of the ICC, in consultation with other Judges of the Court, released Guidelines for the Judiciary Concerning the Holding of Court Hearings during the COVID-19 Pandemic. The Court has adopted these guidelines to ensure the physical safety of staff and users during the pandemic. These Guidelines are facilitative and non-binding, aiming to provide clarity on the Court's approach to holding hearings in Court proceedings during the pandemic.

Short-list of candidates for ICC’s next Prosecutor declared

On 30 June, 2020 the Committee on the Election of the Prosecutor submitted a short list of four candidates for the position of the Prosecutor at the ICC. Out of these candidates, if a consensus candidate is identified by the State Parties to the Rome Statute, she or he will be the only candidate nominated for election in the upcoming Assembly of State Parties. In the absence of a consensus, election will be conducted by a secret ballot amongst the four nominated candidates.

June 2020

June 2020 - Human Rights Courts and Committees Updates

By: Diana Sposito & Mohammed Nazeeruddin Khan, Junior Research Associates, PILPG-NL

This month, several updates happened throughout the Human Rights Mechanisms. This article summarizes and highlights the most relevant news, from 16 different Human Rights Mechanisms around the world.

INTERNATIONAL

Human Rights Council | Philippines: UN report details widespread human rights violations persistent impunity 

A stringent crackdown on national security threats and illegal drugs has caused serious human rights violations in the Philippines, including killings and arbitrary detentions, as well as the vilification of dissent, a new report by the UN Human Rights Office found. The report focuses on violations by the state as well as non-state actors, including the New People’s Army. [4 June 2020]

Human Rights Council | Resolutions of the HRC 

The Human Rights Council adopted 14 resolutions, including a resolution on the excessive use of force by law enforcement officers against Africans and people of African descent. In this regard, the HRC requested the High Commissioner for Human Rights, with the assistance of relevant Special Mandate Holders, to prepare a report on systemic racism and violations of international human rights law against Africans and people of African descent by law enforcement agencies. The HRC request took special regard to the incidents that resulted in the death of George Floyd and other Africans and people of African descent. Among other issues, the resolutions also concerned the right to work, the rights of indegenious persons, and the right to food. [19 June 2020]

Committee on the Elimination of Discrimination Against Women | Failure to Criminalize Female Genital Mutilation (FGM) in Mali is a Human Right Violation 

The UN Women’s Rights Committee issued a report about the FGM situation in Mali. The Committee said that millions of women and girls that are subjected to this practice suffer grave and systematic violation of their rights, and condemned Mali’s failure to criminalize FGM. [24 June 2020]

Committee on the Elimination of Racial Discrimination | UN Experts call for Reform and Justice Concerning Systemic Racism

The UN Committee on the Elimination of Racial Discrimination (CERD) called on the United States to address systemic racism and racial bias in American criminal justice system, as well as to investigate and ensure accountability in situations of excessive use of force by the police. The Committee also issued a statement concerning the protests against racial discrimination, which took place nationally. [5 June 2020]

Committee on the Elimination of Racial Discrimination | CERD calls the US to Comply with the State’s International Obligations

The CERD called the US to make urgent reforms to tackle racial injustice and to comply with the State’s international obligations under the International Convention on the Elimination of All Forms of Racial Discrimination, as well as provide training and education about the Covenant to law enforcement officials. [15 June 2020]

AFRICA

African Court on Human and People’s Rights | 57th Ordinary Session of the Court

The African Court on Human and People’s Rights conducted its 57th Ordinary session amid covid-19. This session became the first virtual session conducted by the Court through online media to keep access to justice open during the pandemic. The session, which began on the first of June, lasted four weeks and saw the delivery of eight judgements. [1-26 June 2020]

African Commission on Human and People’s Rights | Statement announcing the CPTA theme for 2020

In line with its usual practice, the Committee for the Prevention of Torture in Africa (the CPTA), a Special Mechanism of the the Commission, has identified its annual theme for 2020 as “the prohibition of the use, production and trade of equipment or substances designed to inflict torture or ill-treatment.” In furtherance, the CPTA called upon states to follow guidelines on prevention of torture and police custody (the Luanda Guidlines). [3 June 2020]

THE AMERICAS

Inter-American Court of Human Rights | 135 Ordinary Period of Sessions

The IACtHR celebrated the beginning of the 135 Ordinary Period of Sessions, which goes from June 1 to July 31, 2020. During this period, the Court will deliberate sentences, resolution, precautionary measures, among other activities. For the first time, it is being held virtually. [5 June 2020]

Inter-American Court of Human Rights | Translation of Decisions to English

The IACtHR announced the translation of several decisions from relevant Judgments and one Advisory Opinion to English, as an effort to allow accessibility from judges, lawyers, and all stakeholders worldwide to its judgments and human rights standards. The translation includes the case of Herzog et al. v. Brazil, a well-known case of a Yugoslavian-Brazilian journalist that allegedly committed suicide in 1975, while held as a prisoner in the Operation Center of Internal Defense (DOI-CODI) during the Brazilian military dictatorship. The Court found that Brazil violated several of Herzog’s fundamental human rights.[24 June 2020]

Inter-American Commission of Human Rights | Call for Democracy and Rule of Law Guarantees During COVID-19

The IAComHR called on states to strengthen democracy and rule of law institutions through a human rights approach and to comply with international obligations under the American Convention on Human Rights. The Commission noted that this is fundamental especially in times of the pandemic. [10 June 2020]

EUROPE

European Court of Human Rights | New Judgments Published

In the case of Association Innocence en Danger and Association Enfance et Partage v. France, the Court held that there had been a violation of the prohibition of torture. The case concerned the death of an eight-year-old girl as a result of abuse by her parents. The applications were lodged by two French child protection associations. The ECHR concluded that the measures taken by the authorities between the time of the “report of suspected ill-treatment” and the child’s death had not been sufficient to protect the girl from severe abuse by her parents. (4 June 2020]

 The ECtHR, while dismissing the petitioners claim in the case of Ghoumid and Others v France, held that when a person holds a dual nationality and is stripped of one nationality by the concerned state, it does not make the person stateless. The case pertained to two individuals who were convicted on terrorism charges. [25 June 2020]

 More judgements of the ECtHR can be viewed here : https://hudoc.echr.coe.int/eng-press#{%22sort%22:[%22kpdate%20Descending%22]}

ASIA

ASEAN Intergovernmental Commission on Human Rights | Meeting to Discuss the Five-Year Work Plan 2021-2025

The AICHR deliberated on its new Five-Year Work Plan 2021-2025, via video conference, and discussed measures to mitigate the impact of COVID-19 to the implementation of AICHR’s programs and activities in 2020. [11 June 2020]

June 2020

June 2020 - Domestic Prosecution of International Crimes Update

By: Sophia Zademack, Junior Research Associate, PILPG-NL

Several cases based on Universal Jurisdiction have either been initiated or taken up again after breaks due to COVID 19.  The following post highlights the work of courts and lawyers around the world that prosecute international crimes in their national jurisdictions. 

EUROPE

UK | Most claims against British soldiers during Iraqi war dropped        

The director of the Service Prosecution Authority (SPA) said, one remaining case against british soldiers in Iraq was still examined, as the low level of offending and lack of credible evidence had led to most of the cases to be dismissed.  He also admitted that it is quite possible that none of the original allegations will lead to a prosecution, referring to the last open case.  Additionally, he reassured his confidence that the separate, preliminary investigations conducted by the International Criminal Court (ICC) in the Hague will conclude this year without further action being taken. [June 2nd, 2020] 

Kosovo | Kosovo Serb acquitted of war crimes despite Supreme Court ruling         

The defendant, Milorad Zajic was acquitted by the Basic Court in Peja/Pec in March 2019 of killing two people and expelling ethnic Albanians from a village during the Kosovo war in 1998.  Kosovo’s Supreme Court has now ruled that two court verdicts wrongly found him not guilty of committing war crimes against civilians and violating the Geneva Conventions.  However, his acquittal stands because the Supreme Court cannot order a retrial after a defendant has already been acquitted. [June 4th, 2020]

Kosovo | Kosovo President accused of war crimes         

The Kosovar President, Hashim Thaci, has been accused of war crimes by a special international prosecutor in The Hague.  Allegedly, the president and others are criminally responsible for murders, torture, and enforced disappearances.  Mr. Thaci  was a former commander with the Kosovo Liberation Army during the war for independence from Serbia between 1998 and 1999.  The accusations, covering Kosovo's independence war against Serbia, are being assessed by a judge at the Kosovo Specialist Chambers who will decide if the case goes to trial. [June 25th, 2020]

Germany | Syrians file claim over sexual abuses in Assad’s jails           

Seven Syrians who suffered or witnessed rape and sexual abuse in detention centers under President Bashar al-Assad have submitted a criminal complaint to prosecutors in Germany.  The plaintiffs were held in various detention centers between 2011 and 2013, where they were victims or witnesses of torture and sexual violence, including rape, "electrical shocks to the genitals…, and forced abortion“.  They named nine senior Syrian government and air force intelligence officials in their complaint, including Jamil Hassan, who is already the subject of an international arrest warrant from Germany and France on suspicion of crimes against humanity. [June 18th, 2020]

AFRICA

Libya | Prime Minister urges UN to provide technical support         

Libyan Prime Minister al-Sarraj has urged the UN to provide technical assistance in collecting and documenting evidence of war crimes committed by the militia affiliated with warlord Khalifa Haftar.  The UN was asked to provide the necessary assistance to the authorities to investigate the crimes and violations committed in the south of the cities of Tripoli and Tarhuna.  After civilian mass graves were found in Tarhuna, the Libyan government urged for an investigation "on the grounds of planting explosives, mines in civilian areas, executions, and torture" and called on to the international community to take action. [June 17th, 2020] 

Sudan | War crimes suspect detained in Central African Republic       

Ali Kushayb, a Sudanese war crimes suspect, turned himself in and was transferred to the International Criminal Court.  Kushayb is a former commander of the Janjaweed, a militia that worked alongside the Sudanese armed forces in their campaign against the Fur, Massalit, and Zarghawa people in Darfur, Sudan, in the early 2000s.  He is charged with 50 counts of war crimes and crimes against humanity arising out of that campaign. [June 12th, 2020]

Sudan | Prosecutor suggests Bashir might not be extradited to the ICC        

Sudan’s Prosecutor, Tagelsir al-Hebr, said "individuals wanted by the International Criminal Court are not required to be (physically) present at the court's headquarters in The Hague“ for a judgement.  Hebr, who did not refer to Bashir by name, said legal obstacles concerning Sudan's sovereignty stand in the way of extraditing people to the ICC and that Sudan would coordinate further actions with the ICC. [June 15th, 2020]

THE AMERICAS

Argentina | Possibility of a case against Myanmar kept open by the Federal Appeals Court         

A court in Buenos Aires overturned a previous decision not to pursue a case against State Counsellor Aung San Suu Kyi and senior officers in the Myanmar military.  The federal appeals court in Buenos Aires has instead requested more information from the International Criminal Court (ICC), to ensure that a case in Argentina would not duplicate other justice efforts.  Furthermore, it ruled that it is necessary to approach the ICC for more information about its case against Myanmar through a formal diplomatic note, before making a final decision on whether to open an investigation in Argentina. [May 29th, 2020]

United States | Military Judge rules that torture can be considered in sentencing Guantanamo Prisoners          

A military judge ruled that war court judges have the power to reduce the prison sentence of a Al Qaeda operative at Guantánamo Bay, Cuba, as a remedy for torture by the C.I.A.  In the ruling, the court said that “taken as true, this mistreatment rises to the level of torture.”  The defense argued that the judge had no such authority because there was no explicit provision for it in the manual for the commissions, which are a hybrid of military and civilian tribunals.  This was turned down by the judgement saying that it: “has the inherent authority to grant a remedy […], especially when no other remedy is available.” [June 4th, 2020]

United States | Alleged death squad member charged with torture        

Michael Sang Correa, was an alleged member of the notorious “Junglers” death squad in The Gambia, set up by then-president Yahya Jammeh.  Jammeh’s rule was marked by widespread human rights violations, including enforced disappearances, extrajudicial killings, sexual violence, torture, and arbitrary detention.  In the indictment before the US District Court of Colorado, the US Department of Justice alleges that Correa is responsible for the torture of at least six people and is also implicated in some of the Jammeh government’s other notorious crimes, such as executing a former intelligence chief and four associates. [June 12th, 2020]

June 2020

June 2020 - Southern Cameroons News Updates

By: Editimfon Ikpat, Junior Research Associate, PILPG-NL

THIS POST COLLECTS UPDATES FROM THE PAST MONTH CONCERNING RELEVANT DEVELOPMENTS IN SOUTHERN CAMEROON. THE INFORMATION IS DRAWN FROM LOCAL AND INTERNATIONAL ONLINE SOURCES.

Cameroon Journalist dies in detention

Samuel Wazizi, a presenter of the regional channel Chillen Media Television (CMTV) died in detention following injuries sustained. Wazizi was arrested on August 2, 2019 on the accusation of having made critical remarks towards the authorities and their management of the crisis in the English-speaking regions of Cameroon. There are claims that Samuel Wazizi was tortured in prison.

Responses to the Death of Cameroon Journalist

In response to the death of the journalist Samuel Wazizi, the National Union of Cameroon (SNJC) and the Cameroon Association of English Speaking on June 3, 2020, released a joint statement announcing the creation of a “justice for Wazizi” Collective. The Collective aims to establish a national commission of inquiry to shed light on the death, and requests that the following information be communicated to the family and public: “the place, exact date, place where the body is being kept and the circumstances of the death no later than June 4, 2020 at 6 p.m.”. Reporters Without Borders have also called on the relevant authorities to open a serious and independent investigation to shed light on the circumstances leading to the death of Samuel Wazizi.  Cameroonian and international organizations, including the UNESCO, have called for the accountability of the death of Wazizi.

Promises of an Investigation into Journalist’s Death

The French Ambassador – Christophe Guilhou – after an audience with the Cameroonian President – Paul Biya – on June 5, 2020, said that the President has promised the opening of an investigation in order to establish the causes of the death of Samuel Wazizi in detention. 

Ngarbuh Massacre: Command responsibility

Acting on the publication of the Ngarbuh Massacre Inquiry Commission report, the preliminary inquiry into the Ngarbuh massacre of February 14, 2020  in the North West region of Cameroon began on June 8, 2020. The inquiry is before an examining magistrate at the Military Tribunal in Yaoundé. The three soldiers who led the field operations in Ngarbuh, in the North West region  of Cameroon, have been charged for the Ngarbuh massacre They are charged with “assassination” in the murder of several civilians in Ngarbuh massacreandhave been placed under a warrant for detention at the Yaoundé military prison. 

Anglophone crisis: rated World’s most neglected crisis

The Norwegian Refugee Council has rated the Cameroon Anglophone crisis as the world’s most-neglected crisis for the second time in a row.  The assessment is based on the low level of attention the international community has afforded to the crisis, “mounting violence, political paralysis and an aid funding vacuum” in Cameroon.   

Attacks against humanitarian workers in Anglophone regions

According to the Human  Rights Watch, armed separatists allegedly abducted a humanitarian worker in the North West Region on June 30, 2020 having accused him of being a spy, tied him to a tree and beat him up before releasing him the next day. On the same day,seven staff of the Cameroon Baptist Convention Health Services were abducted in the North-West region and released two days later. The Resident Coordinator of the United Nations System in Cameroon – Allegra Maria Del Pilar Baiocchi – on June 4, 2020, expressed her deep concern towards the “attacks”, “racketeering” and “kidnapping” of humanitarian workers and has denounced the “increasingly widespread practice of non-state armed groups to set up illegal checkpoints along the main supply routes”.

UN Security Council Report

At the United Nations Security Council meeting held on June 12, 2020, the Special Representative of the UN Secretary General for Central Africa and Head of the United Nations Regional Office for Central Africa – Francois Lounceny Fall – presented the semi-annual report of the United Nations Security Council. 

The Report addressed the humanitarian situation in Cameroon, inclusive of the security crisis in the North West and South West  regions, which is said to have “continued to deteriorate, according to reports of attacks against civilians, including extrajudicial killings, torture, arbitrary arrests, destruction of property, reprisals, abductions, rapes and other forms of sexual violence, disproportionately affecting women and children”.

Elections without resolving the Anglophone crisis 

On June 1, 2020, the president of the Cameroon Renaissance Movement (CRM) Maurice Kamto through his official Facebook page issued a warning that the CRM will not allow elections in Cameroon unless the Anglophone crisis is resolved.

The Effects of COVID-19 for Refugees and Asylum Seekers in the European Union

By: Romy de Niet, Junior Research Associate, PILPG-NL

The global COVID-19 pandemic (COVID-19) has disrupted the status quo in member states of the European Union (EU).  With a halt on public events, closed schools, and people working from home, the lives of many have changed in a short amount of time.   Refugees and asylum seekers are among the world’s most vulnerable populations, and are likely to be disproportionately affected by the pandemic. 

This blog post elaborates on the different ways EU member states deal with the COVID-19 crisis and the consequences for refugees and asylum seekers.  Discussed are the effects of the pandemic on the processing of asylum applications, the right to health, and rescue at sea.  The blog post further discusses how the practises of these states relate to international law.

Asylum Applications

An issue related to the pandemic, is that the review and processing of asylum applications are suspended or slowed down in most EU member States.  According to the United Nations High Commissioner for Refugees (UNHR), suspending asylum applications has no basis in international law.  The suspension of asylum applications can have far-reaching consequences for asylum seekers infected with COVID-19, as health insurance is often only available to those in possession of residence permits.  The pandemic also caused the unavailability of other services to help refugees and asylum seekers, such as legal assistance, language courses, and employment help.  

States have responded to this issue in different ways. In Hungary, authorities claimed that there is a link between illegal migration and the surge in COVID-19 cases, as many of these migrants passed through Iran, where COVID-19 infection rates were high.  This caused an overall suspension of the admission of asylum applications.  In other EU member states, the general measures to curb the spread of the virus disrupted the way the processing of asylum applications normally work.  In the Netherlands, this meant that arriving asylum seekers were temporarily barred from claiming asylum, and pending procedures were suspended.  The asylum procedures are partially started up again through video interviews, but there is a significant backlog.  In Belgium, the virus caused such a delay in the asylum system that only a third of asylum requests were followed up on in April.  A completed registration entitles the applicant to food and shelter, leaving those waiting to hear back in a situation where they have to fend for themselves.  In Portugal, the processing of asylum applications was temporarily sped up, rather than slowed down, as all individuals with pending asylum applications were granted temporary residence permits, granting them the same rights as Portugese citizens. 

The Right to Health

Under international law, every person has the right to the highest attainable standard of healthcare, regardless of their citizenship or immigration status. The primary duty to fulfill this right is on states.  Refugees and migrants are often more vulnerable to respiratory infections such as COVID-19. Due to crowded living conditions in reception centers and refugee camps, social distancing and frequent hand washing cannot be practiced.  Elevated levels of physical and mental stress, and a lack of food and clean water among groups of refugees and asylum seekers can cause compromised immune systems.

These groups often experience a myriad of barriers to access healthcare services, such as language barriers, an inability to travel to healthcare facilities, and financial burdens.  Furthermore, access to healthcare and health insurance is often restricted for persons without residence permits or citizenship. 

In several EU member states, initiatives were instated to ease  some of these barriers.  Portugal’s decision to temporarily grant asylum seekers and migrant workers residence permits also grants them citizens’ access to healthcare.   In Poland,  the diagnosis and treatment of COVID-19 are free of charge for every person, including those without health insurance.  However, Polish doctors are afraid there is a lack of awareness of this free treatment among migrants and asked the government to carry out an information campaign.  

Meanwhile, the Greek government has faced criticism from human rights organizations for placing refugee camps on lockdown to prevent the virus from spreading.  This left thousands of migrants unable to abide by the guidelines the Greek authorities set for damming the spread of the virus, and put them at an increased risk of contracting it.  Due to overcrowding, social distancing was not possible.  Furthermore, limited access to food,running water, and sufficient medical personnel  left refugees in the camps more vulnerable to contract the virus, and without access to medical treatment.  The Greek government has plans to move 2,400 of the most vulnerable individuals away from the island camps to the mainland. 

Rescue at Sea

Under international customary law, coastal states are obliged to rescue those in distress at sea and satisfy their primary needs and provide access to basic services.   Rescue at sea became an issue at the outer borders of the EU, as Italy and Malta closed their ports due to public health reasons, barring migrants attempting to reach Europe by boat.  Furthermore, travel restrictions and social distancing measures are halting non-governmental organizations from performing rescue missions at sea, leaving large groups of refugees stranded at sea in life-threatening situations.  

Conclusion

In the European Union, refugees and asylum seekers have been adversely affected by the pandemic and its implications in a number of ways.  These groups often do not have the capacity to adhere to social distancing, and experience several barriers to accessing healthcare services.  Furthermore, in most EU member states, asylum application reviews have been suspended or severely slowed down.  Coastal states have closed their ports, and sea rescue missions are halted, leaving groups of migrants attempting to enter the EU stranded at sea.  Member states of the EU have dealt with the effects of the global pandemic for refugees and asylum seekers in different ways.  In the future, it will be interesting to see how the measures taken by these states during the COVID-19 pandemic change when the pandemic ends, and state practises return to normalcy.