Outsourcing obligations: an analysis of the principle of non- refoulement with regard to the privatized pushbacks

Abstract

‘If someone escapes hell how can you grab them back and take them back to hell?’ -Bemba 1 This quote summarizes the plight of several refugees that are being forcefully returned to Libya on commercial ships. These forceful returns are at the behest of States, such as Italy and Malta, which are attempting to reduce the inflow of refugees into their countries. These push-backs however have not been attributed to any of these State despite the protection afforded by the non-refoulment obligation.