Brief description:

My doctoral research examines the criminalization of humanitarian assistance to migrants and its implications for the protection of human rights defenders (HRDs) and migrants in the European Union. It critically examines how the EU's legal and policy framework, in particular the so-called "facilitator package", allows for the criminalization of NGOs and individuals engaged in search and rescue (SAR), despite international legal obligations that protect such actions.

The core research question is: To what extent does the EU’s approach to criminalizing humanitarian assistance conflict with its international obligations to protect human rights and migrants? To address this, the research is structured around three main axes: (1) the normative development of this criminalization and the responsibilities of states to protect HRDs and migrants; (2) the legal and practical implications of international and regional judicial decisions; and (3) the real-world impact of this trend on civil society organizations and individual defenders.

The study takes an interdisciplinary approach, integrating international refugee law, international human rights law, and international humanitarian law. It looks at key legal sources and soft law instruments, such as the Declaration on Human Rights Defenders, the Smuggling Protocol, the 1951 Refugee Convention, and the Global Compact for Migration. It also looks at the jurisprudence of regional and international courts.

While legal scholarship has recognized the tension between humanitarian assistance and criminalization, there remains a gap regarding the qualitative impact of such measures on those working to protect the rights of migrants. My research seeks to fill this gap by examining how legal ambiguities and policy decisions contribute to a hostile environment for HRDs and NGOs, potentially undermining fundamental rights such as the principle of non-refoulement and the right to life.

Ultimately, this project contributes to the broader debate on migration governance, civil society resilience and the rule of law in Europe by providing a legal and empirical analysis of how humanitarian values and obligations are being challenged within EU borders.

Methodology:

This research adopts a qualitative and interdisciplinary methodology. It combines legal analysis of international and regional instruments—such as the Declaration on Human Rights Defenders, the 1951 Refugee Convention, and relevant EU legislation—with a case study approach focused on how the criminalization of humanitarian assistance is applied in practice. In addition to reviewing legal texts and jurisprudence from courts like the ECtHR and CJEU, the study includes semi-structured interviews with NGO workers, legal experts, and human rights defenders involved in search and rescue operations. These interviews will help assess the impact of criminalization on their work and on the protection of migrants. Reports from civil society and international organizations will also support the analysis. This approach allows for a comprehensive understanding of the legal and practical dimensions of the issue.

Keywords: Criminalization of Humanitarian Assistance, Human Rights Defenders, EU Migration Policy, Search and Rescue (SAR)

Home University:

University of Cologne

Faculty:

Academy for European Human Rights Protection

Supervisor: Angelika Nußberger

Added to catalogue on: 09-05-2025

Additional information: