Migrant deaths in the name of law

Abstract

While many studies have investigated the problem of migration deaths, to our knowledge attention has never focused on how political actors appeal to law to legitimize these deaths. In our empirical enquiry, we interrogated how the European Commission legitimizes its role in migrant deaths in the Mediterranean through appeals to law. One compelling function of law in this legitimization process is that it presents a narrative as logical and objective. A second aspect of legitimization through law is related to its moral function. Instead of regretting not being more active in saving migrant lives, the European Commission inversed the moral charge, presenting itself as guarantor of law and order that saves migrants if they respect legality. We argue that political actors do not simply submit passively to laws but that laws can also be a resource for the legitimization of what might seem at first glance immoral – in this case an implicit ‘right’ not to protect.