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42 U. Pa. J. Int'l L. 675 (2020-2021)
Border Violence as Crime

handle is hein.journals/upjiel42 and id is 685 raw text is: BORDER VIOLENCE AS CRIME ITAMAR MANN* ABSTRACT As the violence of borders has increased since the beginning of the century, advocates have started to employ the language of anti- impunity. This discourse aims to frame border violence as a crime, often as a mass atrocity. This Article is the first to identify and critically assess this type of response. It offers a comparative multi- regional analysis to analyze the turn to criminal law as it has figured in attempts to enforce the rights of refugees and migrants. After defining the anti-impunity project, the Article analyzes anti- impunity in the context of migration to Australia, Europe, and the United States. It then proceeds to evaluate this trend in light of recent literature, which has been critical of anti-impunity and the turn to criminal law in human rights. Critics of anti-impunity have argued, in the context of a broad range of human rights campaigns, * Associate Professor of Law, the University of Haifa, Faculty of Law and Principal Investigator, the Minerva Center for the Rule of Law Under Extreme Conditions. Early drafts of this Article were presented three times, first at Accountability for Human Rights Violations in Migration Control, hosted by the Refugee Studies Centre at the University of Oxford; second at Refugees, Genocide and Trials in the twentieth century, hosted by the Van Leer Jerusalem Institute on July 1-2, 2019; and third at the Refugee and Migration Law Workshop on December 12-13, 2019, hosted by Berkeley Law School in collaboration with the Max Planck Institute for the Study of Religious and Ethnic Diversity and the American Society of International Law. I benefited from conversations with and comments by all participants of the three workshops, and others, particularly E. Tendayi Achiume, T. Alexander Aleinikoff, Shelly Aviv Yeini, Leora Bilsky, Richard Buxbaum, Janie Chuang, Cathryn Costello, Daniel Ghezelbash, David Singh Grewal, Charles Heller, Kate Jastram, Ioannis Kalpouzos, Loren B. Landau, Katerina Linos, Violeta Moreno-Lax, Noora Lori, Sherally Munshi, Akasemi Newsome, Jaya Ramji- Nogales, Emily Ryo, Ayelet Shachar, Ralph Wilde and Chantal Thomas. I thank my research assistants, Netta Tauber and Muhammad Abbabsi, for their invaluable help. Any errors are of course mine alone. 675

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