New Technologies in International Law / Tymofeyeva, Crhák et al.

last section has sought to provide a research agenda for scholars, practitioners and judges alike, to build upon. Conclusion Migration technologies are profoundly changing the border control processes within the migration control dispositif, reinforcing the framing of cross-border mobility in the context of risk. Despite such technological advancements having the capacity to make an invisible phenomenon visible, the externalization of Europe’s border has led to thousands of avoidable deaths, and push- and pullbacks to Libya, constituting an absolute disregard of the non-refoulement principle, the right to life, the right to leave and a bar to protection. It is worrisome that even in the aftermath of the shocking death of more than 600 migrants on 14 June 2023, the EU’s response has still not been comprehensive and satisfactory. All these matters are extremely politically and legally sensitive, leading to much confusion. Nonetheless, technology should not be used as a key to side-line ethical and humanitarian imperatives when dealing with the complex nature of migration. Neither should migration movements be seen as a threat amenable to a technological solution. What ensues from this contribution is the necessity for EU policy decisions to adopt a human rights-based approach to the deployment of technologies in external border management, as human rights norms do apply in these circumstances.

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