Read on Twitter
June 17, 2020: Notis Mitarachi, Greek Minister of Immigration and Asylum, boasts learning from the Australian government. The latter has one of the cruelest asylum systems worldwide. /1 https://twitter.com/nmitarakis/status/1273178015242092546
Back in 2015, @YannisKalpouzos and I argued that Greek and EU abuses against migrants in detention may have amounted to crimes against humanity: https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2601844
But for an application of the underlying interpretation of international criminal law to migrant rights... /2
But for an application of the underlying interpretation of international criminal law to migrant rights... /2
We chose Australia. Our reasons: (1) Australian policies were more eggrgious; (2) other countries sought to learn these techniques from Australia. At the time (2016) the example was Denmark. Now Mitarachi.
We submitted the communication to the ICC OTP in February 2017. /3
We submitted the communication to the ICC OTP in February 2017. /3
Here is the relevant part from our ICC communication co-authored w/ @dialash.
If you'll read it you'll see that we offer an interpretation of "gravity" that seeks to send a message to other countries, do not adopt Australian policies.
/3
If you'll read it you'll see that we offer an interpretation of "gravity" that seeks to send a message to other countries, do not adopt Australian policies.
/3
In a recent paper, I politely try to explain the ICC Office of the Prosecutor's decision on our communication. In short, it was rejected, with absolutely no valid legal grounds.
https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3619726
Seee also @kevinjonheller: http://opiniojuris.org/2020/02/17/the-otp-lets-australia-off-the-hook/
/4
https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3619726
Seee also @kevinjonheller: http://opiniojuris.org/2020/02/17/the-otp-lets-australia-off-the-hook/
/4
Sure enough, our work came full circle, with Greece now taking the lead on learning from Australia. This is not only done in webinars. As @NiamhKTabbal have shown, the learning is inflicted on migrant bodies in a macabre show of violence at sea. /5 https://twitter.com/stluedke/status/1273687402830315522?s=20
That Greece does not feel the need address the allegations that the Coast Guard is towing migrants into open waters, is directly attributable to the ICC Prosecutor's inaction on the matter.
Their very response (such that it is) is available here: https://www.justsecurity.org/wp-content/uploads/2020/06/Greek-Maritime-Affairs-Ministry-statement-June-17-2020-1.pdfdoes
/6
Their very response (such that it is) is available here: https://www.justsecurity.org/wp-content/uploads/2020/06/Greek-Maritime-Affairs-Ministry-statement-June-17-2020-1.pdfdoes
/6
What about other EU govs? On June 16, the Danish minister of foreign affairs was asked about “rough measures” (“hårdhændede midler”) by Greek authorities when dealing with refugees and other migrants at sea. Response: the minister “neither can nor will” comment on this. /7
For further reading see recent papers by @DanGhez:
https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3548294
@YannisKalpouzos:
https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3571424
And one more by me:
https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3548181
/FIN
https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3548294
@YannisKalpouzos:
https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3571424
And one more by me:
https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3548181
/FIN
