WEAPONIZED MIGRATION AS A TOOL OF CLANDESTINE AGGRESSION IN CONTEMPORARY
INTERNATIONAL LAW
Although the crime of aggression is expressly defined by the Rome Statute of the International Criminal Court through seven criminalized types of activities, it seems that a special form of aggression has begun to appear as a new instrument of influence in international relations. Namely, several states have been exercising a particular tool of aggression: causing a swift influx of migrants or refugees into neighboring countries, in order for the latter to be politically or economically destabilized. Even if “indirect” aggression, such as spy-flights over foreign territory, is a well-known, though illegal, practice in international relations, aggression by the means of using migrants contains a special new component—unarmed human beings (and with foreign nationality) being forced to cross national borders, unwillingly taking risks of being inhumanely treated or physically endangered by the other side as well. Also named “refugee aggression,” this type of illicit activity of a state or its agents can cause severe political and security effects by a mere threat that it will be carried out.
Keywords: migration, aggression, hybrid warfare, international law.
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