Tag Archives: Silja Klepp

Klepp, Int J Refugee Law, “A Double Bind: Malta and the Rescue of Unwanted Migrants at Sea, a Legal Anthropological Perspective on the Humanitarian Law of the Sea”

An article by Silja Klepp (Research Associate, Research Center for Sustainability Studies (artec), University of Bremen) entitled “A Double Bind: Malta and the Rescue of Unwanted Migrants at Sea, a Legal Anthropological Perspective on the Humanitarian Law of the Sea” has been published as an online advance access article by the International Journal of Refugee Law.

Abstract: “This paper discusses research results from anthropological fieldwork carried out in Malta in 2007. The island, which is situated in the central Mediterranean Sea between Tunisia, Libya and Italy, is a focal point regarding the continuing refugee situation. One of the research aims was to investigate the situation at sea concerning Search and Rescue (SAR) operations for migrants and refugees crossing the Mediterranean by boat. In the year 2006, 556 missing and drowned migrants were registered in the central Mediterranean between Libya, Malta and Italy, this number increased to 642 in 2008.1 The goal of the research in Malta was therefore to understand why an increasing number of migrants were dying at sea and what role the European security forces play in this context.

After introducing the research perspective of this article, background information concerning migration movements in the Mediterranean Sea between Libya, Italy and Malta in recent years is provided. Due to European regulations, which are considered unfavourable for the island, and its population density, Malta feels under pressure from migrants arriving by boat across the Mediterranean. Different concepts regarding a ‘place of safety’ to disembark rescued boat migrants are debated. The ambiguities in the responsibilities cause problems for the captains who rescue migrants in distress at sea. These ambiguities may in turn lead to a weakening of the SAR regime. Following discussion of the legal and political quarrels on the place of safety, the SAR operations at sea of the Armed Forces of Malta is analysed. The findings show that it is not merely a case of enforcing legal norms created by international law. The process is much more complex: legal gaps are filled by regional actors, through informal or even illegal practices, asserting their own claims at their convenience. Thus, transnationalization processes of law, such as the international SAR regime, are a fragmented and ambiguous set of regulations, creating space for negotiation and manoeuvre.2

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Also by Klepp from 2010, European Journal of Migration and Law: “A Contested Asylum System: The European Union between Refugee Protection and Border Control in the Mediterranean Sea.”

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Filed under Analysis, European Union, Italy, Malta, Mediterranean, UNHCR

Article: “A Contested Asylum System: The European Union between Refugee Protection and Border Control in the Mediterranean Sea”

An article in the most recent edition (Vol. 12, Number 1, 2010) of the European Journal of Migration and Law by Silja Klepp:


“During the past few years the border waters between Europe and Africa have become an EU-policy crucible. In the midst of the tightening of EU border controls and refugee protection claims, supranational, national and local actors find themselves in a phase of legal insecurity and negotiation. This article is based on ethnographical research carried out in Libya, Italy and Malta. It sheds light on the different actors’ practices at sea and in the surrounding border region. It also explores how new parameters for refugee protection are emerging in the border regions of the European Union. The article argues that the policy practices of the co-operation between Italy and Libya as well as the informal operational methods carried out in the Mediterranean Sea function as a trailblazer of the overall EU refugee policy. In the long term, some of these practices will affect and change the legal basis and the formal regulations of the European refugee regime. The principle of non-refoulement could first be undermined and then abolished in this process. Using an approach that combines the empirical study of border regions with a legal anthropological perspective, the article analyses the Union’s processes of change and decision-making on local, national and supranational levels and their interconnections.”

Click here for link to full article – restricted access only.

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Filed under Analysis, European Union, Italy, Libya, Malta, Mediterranean