THE NEW BORDERS OF MIGRATION POLICIES. WHAT PROTECTION FOR THE RIGHTS OF MIGRANTS?
Starting from 2015, in response to the so-called "Refugee crisis", the
European Union and some member states, especially Italy, have adopted security migration
policies, based on the concept of externalization of borders. In essence, the control of migratory
flows and the examination of applications for international protection was delegated to
authorities of third countries, with the sole aim of preventing and limiting the movement of
third-party citizens to the European territory. There is a risk that, through these forms of
delegation of border controls, European states circumvent their obligations under international
law, in particular those relating to human rights. The scenario that lies ahead is somewhat
worrying if we consider the succession of agreements signed with third countries considered
unsafe, such as Libya, where systematic and serious violations of fundamental human rights
are known. This contribution aims to investigate the issue of Italy's international responsibility
for violations of human rights in Libya, as a consequence of its outsourcing policies, in the
light of recent jurisprudential guidelines.
Key words: externalization; cooperation; Memorandum of understanding; human