Daria Davitti
Senior lecturer
Beyond the Governance Gap: Accountability in Privatized Migration Control
Author
Summary, in English
This Article focuses on the accountability challenges raised by the increased involvement of Private Military and Security Companies (PMSC) in migration control. I argue that migration control activities outsourced to PMSC can be classified as high-risk operations for the purposes of the application of relevant business and human rights standards. This reclassification of migration control activities as high-risk business operations, in turn, has two significant implications in terms of establishing accountability for PMSC's wrongful conduct. First, it acknowledges that the privatization of migration control, especially within the context of continued containment and deterrence trends, entails a high risk of human rights abuses to which PMSC may contribute, both directly and indirectly. Second, this reclassification enables us to identify heightened obligations vested upon the home state of a PMSC, as well as the heightened responsibility of PMSC themselves. The article also examines what these heightened obligations and responsibilities entail.
Department/s
- Public International Law
- Human Rights Law
- Department of Law
Publishing year
2020-04-15
Language
English
Pages
487-505
Publication/Series
German Law Journal
Volume
21
Issue
3
Full text
- Available as PDF - 277 kB
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Document type
Journal article
Publisher
Cambridge University Press
Topic
- Law
Keywords
- Human Rights
- Migration control
- High Risk Contexts
- Business and Human Rights
- Mänskliga rättigheter
- Migrationskontroll
Status
Published
Research group
- Public International Law
- Human Rights Law
ISBN/ISSN/Other
- ISSN: 2071-8322