The concept of extraterritorial jurisdiction of the ECTHR in protecting migrants\' human rights at the high seas

Kastratović Aleksandra (Institut za međunarodnu politiku i privredu, Beograd), aleksandra.kastratovic@diplomacy.bg.ac.rs
Vučić Mihajlo (Institut za međunarodnu politiku i privredu, Beograd), mihajlo@diplomacy.bg.ac.rs

The dangerous migratory routes which endanger lives, especially at the high seas, which is an area beyond national jurisdictions, raise the question of shared state responsibility. However, it appears that many states strive to avoid this responsibility, exposing particularly vulnerable individuals to all the negative consequences. This article explores the concept of extraterritorial jurisdiction of the ECtHR through the prism of contemporary challenges surrounding migration. Even though the international legal sources set forth a framework that provides adequate protection, innovative state strategies in dealing with migration on the high seas leave a legal loophole between legal obligations and their practical implementation. Consequently, it is necessary to revisit the actual concept of jurisdiction and adjust it to the existing complex realities of states’ actions or inactions that have negative implications beyond national frontiers. Through the functional concept of extraterritorial jurisdiction, it is possible to establish a more just system for safeguarding human rights.

Keywords: maritime migration, migration control, extraterritorial jurisdiction, EctHR