International Migration Law and Human Rights

Overview

International law recognizes that States have sovereign authority to determine the admission and stay of persons to their respective territories, and to detain and expel those who are not compliant with requirements. States also have obligations to respect the human rights of all migrants, regardless of legal status, when exercising this authority.

Following a historical overview of international law and its relevance to contemporary migration governance and management, the Course’s first module introduces the main international human rights instruments, and their accountability structures and mechanisms. The modules that follow attempt to balance State authority in the three main migration management domains where it is exercised; the admission, detention, and, expulsion of non-nationals.

The principle of non-discrimination and the right to seek asylum, for example, help in framing State authority to determine the entry of non-nationals to its territory in the module on admission. In considering the State’s detention authority, the subsequent module examines ‘arbitrariness’ as a legal concept, and reviews the minimum standards required for detention to be lawful. The final module explores the State’s authority to expel non-nationals in light of the right to family, the ‘best interests of the child’ principle and the principle of non-refoulement, as well as the prohibitions on collective and mass expulsion.

Aimed at senior policy officials, the Course is rooted in a mixed methodology consisting of classroom lectures and interactive discussion of the relevant international treaties and case law, as well as activities that challenge participants to work collecting to resolve real-life scenarios in a manner that is consistent with international law principles and standards.

**As of 2024, the ACBC offers bi-annually a separate, high-level 5-day course on International and Regional Migration Law Course for Africa: in the French language in May and in English in September. Class size is limited to 30 participants, and subscription is by application only. Some scholarships are available.