Paper details

Paper authors	Thea Rabe
In panel on	“Humanitarian borders” between care and control
Paper presenter(s) will be presenting	In-Person / Online

Abstract

The paper explores the tension between regulations aimed at hindering the mobility of irregular migrants in Europe and individuals who assist rejected asylum seekers and identify with humanitarian ideals. Drawing on legal document analysis and qualitative interviews with individuals who support rejected asylum seekers from Afghanistan, the paper analyses how the term ‘humanitarian assistance’ is interpreted legally and socially in the Norwegian context. Although Norway has implemented a humanitarian exception from criminal liability for humanitarian assistance to irregular migrants, the concept of humanitarian assistance is narrowly interpreted as lifesaving assistance provided by publicly known formal organisations. This contrast with the broader understanding of humanitarian assistance maintained by the respondents, who understand the term as support beyond physical survival and which includes upholding human rights. It is shown that although respondents align themselves with human rights and humanitarian motives, they might still be prosecuted by the EU and national legislation. It is suggested that clarification of what humanitarian exceptions entail would reduce fear of prosecution among those who assist migrants based on humanitarian ideals. Additionally, it is argued that the criminalisation of acts that are deemed as morally right and humanitarian challenges fundamental principles for the use of punishment in society.

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