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Sarah Ganty, Aleksandra Jolkina, and Dimitry Kochenov: EU Lawlessness Law at the EU-Belarusian Border: Torture and Dehumanisation Excused by ‘Instrumentalisation’

Mass violations of non-citizens' rights at the EU-Belarusian border are normalised and have become routine, our Research Affiliate Sarah Ganty, Aleksandra Jolkina (Vrije Universiteit Amsterdam), and Dimitry Kochenov, lead researcher of our Rule of Law Workgroup argue in a new MOBILE working paper (University of Copenhagen).

In this paper, the authors show that an array of legal techniques is deployed by the European Union to make sure that the full extent of the denial of the right to life and other vital rights of non-citizens is never presented as a violation of EU law. "We call these legal techniques EU lawlessness law. Focusing on the situation at the EU–Belarusian border allows us to zoom in on the bespoke lawlessness solutions crafted and deployed by the EU there," they write, adding, "The gross violations of the law are rhetorically justified by the alleged instrumentalisation of migrants by the dictatorial Belarusian regime, which emerges as a de facto partner of the EU and its Member States in torturing numerous people in complete disregard of any of the legal guarantees that the Union professes to provide."

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