The Prohibition of Collective Expulsions of Aliens in Situations of Migratory Emergency

The massive growing of migratory fluxes at the European borders prompted the adoption of polices, measures and practices aimed at accelerating the repatriation of irregular migrants and externalizing borders' control to third States of transit. This raised serious concerns as to compliance with the prohibition of collective expulsions of aliens laid down in many regional human rights treaties as well as in general international law. The present article explores the evolution of the scope of the prohibition both in treaty law and customary international law in order to establish whether - in light of the most recent State practice and international jurisprudence - a situation of migratory emergency may justify the adoption of exceptional measures restricting or derogating the ordinary guarantees applicable to the expulsion of aliens. Special reference is made to the interpretation of the general requirement of an objective and reasonable examination of each individual situation, which has been dangerously watered down by the European Court of Human Rights in its recent judgment in Kblaifia and others v. Italy.