Strategic Litigation against European Migration Control Policies: The Legal Battleground of the Central Mediterranean Migration Route

Abstract

Migration control policies at Europe’s borders that lead to human rights violations are widespread. As a result, NGO s, law clinics and individual lawyers mobilise the law against different actors in an attempt to seek accountability for these violations and end the policies that cause them. Accordingly, the aim of this article is to present an overview of and initial reflection on strategic litigation concerning the Central Mediterranean migration route. The article first depicts European migration control policies in the Central Mediterranean and their human rights consequences. It then provides an overview of recent strategic litigation before various domestic, regional and international forums. Finally, the article discusses the potential of these litigation efforts to overcome the accountability challenges caused by European migration control policies in the Central Mediterranean.