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An Analysis of Greece's Potential Violations of the Refugee Convention and the Rome Statute in its Treatment of Refugees
Abstract
Over the past few years, Greece has been fighting to keep migrants from entering the country, accusing them of treating it as a gateway to the rest of Europe. Especially since the Taliban took control of Afghanistan, Greek officials have been adamant that they will not permit a repeat of the 2015 refugee crisis, in which the number of migrants seeking asylum in Europe surged from less than 600,000 in 2014 to over 1.3 million in 2015 and where over 3500 migrants and refugees diedtrying to cross the Mediterranean Sea. This Article analyzes whether Greece’s migration policies and practices—specifically, its operation of refugee camps and its alleged practice of pushbacks—violate international law. It analyzes: (1) whether Greek actors are violating the Rome Statute by committing crimes against humanity of murder, deportation, and torture; and (2) whether Greece is violating its obligations from the 1951 Convention of the Status of Refugees (Refugee Convention), in particular Articles 21, 26, 31, 32, and 33 regarding housing, freedom of movement for lawful refugees, freedom of movement for unlawful refugees, expulsion, and refoulement respectively.
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