@article{2022:jungfleisch:the_right_,
title = {The Right to International Solidarity as a Game Changer when it comes to “Crimes of Solidarity”?},
year = {2022},
note = {The article discusses whether there is a Right to International
Solidarity that hinders the prosecution of “Crimes of Solidarity”
in the context of (illegal) migration. The focus lies therefore on
European and International Human Rights Law, the Facilitation
Directive of the EU, UNCLOS and the Draft Declaration on the Right to
International Solidarity. The notion “Crimes of Solidarity” refers
to cases where private actors face judicial consequences for “doing
good” (sea rescue, providing shelter, food and medical aid to
migrants). As there is neither a right to enter a certain harbour nor
a duty to let people disembark, a possible ground for justification
might be the Right to International Solidarity, providing a right to
help and to be helped. This could have the effect of excluding
prosecution for these crimes of solidarity. The article analyses to
what extent a Right to International Solidarity exists and thus might
hinder the criminalisation of acts of solidarity. Under the current
international and regional law there is no Right to International
Solidarity, neither through treaty nor customary law. Nevertheless,
the potential to become a game changer can be seen in its possible
effects on the interpretation of other established (human) rights and
international standards. Even though the UN Special Rapporteur on
Human Rights and Solidarity’s “Draft Declaration on the Right to
International Solidarity” cannot be qualified as soft law as long as
it is not adopted by the General Assembly, it can nevertheless serve
as a starting point for necessary discussions in the decriminalisation
of solidarity.},
journal = {ZEuS Zeitschrift für Europarechtliche Studien},
pages = {111--140},
author = {Jungfleisch, Julia},
volume = {25},
number = {1}
}