Book Review: Giulia Raimondo, The European Integrated Border Management: Frontex, Human Rights, and International Responsibility, Hart Publishing (2024)
Written by Matilde Felgueiras
Edited by Dimitra Fragkou
Giulia Raimondo’s book entitled The European Integrated Border Management: Frontex, Human Rights, and International Responsibility offers a thorough analysis of the current administration of the European borders while raising critical questions about the attribution of international responsibility. In the introduction, the author mentions a tragic shipwreck that took place in February 2023 off the Italian coast, where the delayed response of the Italian coast guard and Frontex resulted in significant loss of life. This incident highlights the dire circumstances at the European Union (EU) borders, where lives are at stake and human rights are often violated. Raimondo uses this event to frame the central discussion of her book, raising critical questions on the attribution of international responsibility: who is responsible under International Law for the loss of life during these operations? Can Frontex and Schengen Member States be held accountable for human rights violations during the EIBM implementation? And how should responsibility be distributed among them? This captivating introduction stimulates intellectual curiosity as Raimondo begins to explore these questions.
The book provides an insightful analysis of the complexities of the European border administration, which stems from the multiplicity of actors operating under different jurisdictions and legal frameworks. Furthermore, Raimondo investigates in-depth the theoretical and legal challenges of attributing international responsibility for human rights violations by Frontex and Member States during border control activities.
In Chapter 1, the author delves into the nature and notion of ‘borders’ and their development under the influence of Frontex and Member States’ border activities. In this context, Raimondo argues that the role of Frontex and Member States in border control activities challenges the predetermined notion of borders as a static physical barrier, as it reshapes borders as dynamic and multifaceted entities. A notable strength of this Chapter is the comprehensive and detailed discussion on the complex interplay between state sovereignty, international law, and supranational entities, providing a solid foundation for the reader who seeks to understand contemporary border dynamics. Moreover, the Chapter contains a thorough analysis of the concept and evolution of the European Integrated Border Management (EIBM) as a supranational structure employing numerous technologies and actors, introducing Frontex as a critical factor in its implementation.
Raimondo further deepens her analysis in Chapter 2 by delving into the core of the EIBM and exploring Frontex’s critical functions and structure. This Chapter traces Frontex’s history, detailing its evolution, increase of power, independence, and operational capacities from its creation to contemporary times, as well as its implications for human rights. It provides the necessary tools for a better understanding of the power and influence that Frontex holds in implementing the EIBM. Raimondo underscores the agency’s pivotal role in supporting Member States in applying the EIBM by organizing operational activities to promote, coordinate, and develop the EIBM. The author clarifies the functions executed by the agency to fulfil this central role and later focuses on Frontex’s joint operations. In light of this, Raimondo addresses the dysfunctionality of Frontex’s reporting and complaints mechanisms, highlighting an alarming 2020 case in which Frontex failed to report incidents of Greek border guards’ pushback operations despite witnessing or participating in them. Her thorough analysis reveals how susceptible Frontex is in failing to guarantee adequate protection for migrants’ rights. Hence, the agency must enhance transparency in its operations and improve its reporting and complaints mechanisms.
Furthermore, Raimondo explores the question of Frontex’s legal personality under national, EU, and international law. She stresses the importance of determining legal personality to establish responsibilities for human rights violations, concluding that Frontex does not enjoy its independent legal personality under international law; its international legal actions and capacities are derived from the EU. Therefore, the EU’s fundamental rules concerning human rights obligations must be followed by Frontex, and, in case of human rights violations by Frontex, responsibility can be traced back to the EU. This raises questions about Frontex’s direct liability for such violations.
Chapter 3 focuses on migrant rights and the legal framework surrounding them within the EIBM and Frontex-led operations. It addresses mainly situations where migrants are vulnerable, emphasizing the duties of EU States and Frontex as duty-bearers. The Chapter elucidates the sources of human rights obligations binding the EU (Frontex) and its Member States, exploring the multifaceted EU’s legal framework and its interaction with international law. It examines positive and negative human rights obligations, customary international law, soft law, and the incorporation of human rights into the EU legal order to clarify the responsibilities that the EU, Frontex and Member States must uphold while implementing the EIMB.
In this central Chapter, the author convincingly argues that the interplay between international and EU law in safeguarding migrants’ rights creates a legal framework that forms a “chain of protection” through interlocking rights and duties. Her analysis highlights the crucial and long-lasting tension between the universality of migrants’ rights and State prerogatives over borders. Raimondo challenges the idea of State discretion over borders, asserting that States must respect human rights and comply with EU and international legal standards and principles, such as the prohibition of refoulement, the right to leave, the right to seek and enjoy asylum, and the principle of good faith. Raimondo also argues that for migrant rights to be fully upheld and guaranteed, they must extend beyond jurisdictional limitations.
Raimondo’s analysis in Chapter 3 sets the ground for the next chapter’s exploration of border control activities within the EIBM framework. Chapter 4 thoroughly examines the complex legal domain of border control activities, focusing on Frontex and the EIBM framework. Here, Raimondo clarifies the concept of jurisdiction in international law, given that it determines the applicability of the legal framework discussed in the previous Chapter and its implications for human rights obligations within and beyond Europe’s borders. Raimondo focuses on extraterritorial jurisdiction, employing the case study of Hirsi Jamaa v Italy to illustrate the complexities of determining State responsibility in situations where migrants are intercepted or pushed back at sea in international waters. Furthermore, the Chapter explores the ongoing debates and challenges in applying human rights obligations to border control activities, particularly in cases where there is no physical control over individuals.
Raimondo’s compelling analysis of the legal and practical challenges of extraterritorial jurisdiction in the context of migration control policies stresses the need for careful consideration of human rights obligations. To address the challenges posed by extraterritorial migration control policies, Raimondo explores alternative approaches and advocates for a relational approach to jurisdiction that recognizes power imbalances and ensures legal responsibility in extraterritorial human rights protection.
The first four chapters provide the conceptual foundation to address the book’s central research question in Chapter 5, namely the attribution of responsibility for human rights violations during the implementation of the EIBM. Here, Raimondo scrutinizes the complexities of attributing international responsibility and ‘the problem of many hands’ involving numerous actors in border control activities. The author explains how legal uncertainty and jurisdictional limits complicate the distribution of responsibilities, impacting the availability of remedies for victims. She analyzes the multifaceted nature of responsibility, discussing its various forms and legal frameworks in detail. The Chapter delves into the complexities of direct and indirect responsibility, negligence, complicity and positive obligations. Moreover, Raimondo notes that the scope of the complicity rules of Member States and international agencies under the mentioned frameworks is limited and infrequently applied. Furthermore, the author reflects on the shared responsibility of Frontex, the EU, and Member States for migrant rights violations, acknowledging the intricate challenge of establishing jurisdiction, especially in extraterritorial operations.
In her concluding remarks, Raimondo summarizes the core themes presented across the five chapters of her book, emphasizing simultaneously that the book seeks to delineate the potential responses that international law may offer concerning questions of international responsibility. However, she acknowledges the substantial theoretical and practical difficulties in assigning responsibility to Frontex, asserting that attributing responsibility to the agency and the EU for human rights violations is “virtually impossible.” In light of these complexities, she stresses the imperative for the EU to ratify the European Convention on Human Rights in the future, to enhance existing accountability mechanisms, and to advocate for collective responsibility and social action. In the meantime, she underlines the critical need to raise awareness and cultivate a sense of responsibility among European citizens, advocating for education as an essential form of social action to uphold the EU’s founding values: humanity, dignity, and the abolition of violence.
Raimondo’s offers an intellectually stimulating analysis of critical and timely issues related to attribution of responsibility. The ongoing shipwreck disasters, loss of lives, and human rights violations along the coasts of the Schengen Area demand urgent attention and accountability; failure to address these issues can foster a sense of impunity, relegating human rights to a secondary concern.
This book significantly deepens our understanding of the complexities of attributing international responsibility even when the human rights violations occurring in the Mediterranean -the deadliest migratory path in the world- are so blatant. Solving this problem requires a multifaceted approach – one that goes beyond law and requires the involvement of societal participation.
Raimondo’s emphasis on the importance of social action and intervention urges us to reflect on how essential it is for individuals to advocate for those whose rights are violated. Giving voice to those who are silenced and standing up for human rights can be powerful tools in addressing the complexities of international responsibility. It is equally important to resist the common feeling of impotence that people may experience when they perceive themselves as unable to achieve change, especially when dealing with human rights violations.
