5.1 The prohibition of collective expulsions

Collective expulsions refer to expelling groups of people from the territory of a state. These are prohibited under international law, for example, under Article 4 of Protocol 4 of the European Convention on Human Rights (ECHR). This means that individuals should have their individual cases assessed when within the territory of a state (including its territorial waters), rather than being expelled as part of a group on a boat.

In several judgments, the European Court of Human Rights (ECtHR) has condemned pushbacks, including in the case of Hirsi Jamaa and Others v Italy when the Italian coastguard intercepted a migrant boat and returned its approximately 200 passengers to Libya. The ECtHR found a breach of the prohibition on collective expulsions under Article 4 of Protocol 4 of the ECHR.