Immigration Article of the Day: State Responsibility for Forced Migration by  Pooja Dadhania

State Responsibility for Forced Migration by Pooja Dadhania, 64 Boston College Law Review (Forthcoming 2023)

Abstract

International refugee law does not hold states accountable for the forced migration they cause. Using the international law doctrine of state responsibility, this Article aims to shift the discourse on migration policy towards a state accountability approach that considers the role that states play in causing forced migration. This Article uses state responsibility doctrine to explore the obligations of a state after it commits a violation of international law that results in forced migration. The general principle undergirding state responsibility is that a state should provide full reparation for harms caused by its violation of an international obligation. Applying state responsibility doctrine to forced migration, a state must provide reparation for forced migration caused by its actions in violation of international law. Potential forms of reparation include monetary remedies or resettlement of forced migrants. Examining migration through the lens of state responsibility may offer new opportunities to hold states accountable for their unlawful actions that cause displacement as well as to expand protections for forced migrants.

KJ