Migrant Smuggling in the Mediterranean: An Excludable Act under Article 1F(b) Refugee Convention?

Abstract

In 2015, deadly incidents of migrant smuggling in the Mediterranean were daily covered by everyday newspapers. Empirical research has shown that migrants themselves may be involved in these smuggling operations. If they apply for refugee protection, they may be excluded from refugee status under Article 1F of the Refugee Convention. Article 1F(b) excludes asylum seekers from international protection if serious reasons exist to consider that they have committed serious non-political crimes. This contribution discusses whether migrant smuggling can be considered as such and whether various forms of participation in smuggling operations give rise to individual responsibility and trigger application of article 1F(b).