Author: Mark Kersten

Abstract

This article examines three dynamics — externalization, privatization and re-orientation — within specific contexts that reveal both the evolving nature of borders and the continued relevance of crimes against humanity. Externalization refers to the allocation of migrant control beyond the immediate state, and this article analyzes it within the context of the atrocities committed through European migrant control on and over the Mediterranean. It also scrutinizes privatization, the increasing role of private actors in migration control — exemplified by the abuse of migrants in Australia’s offshore detention centers. Lastly, it examines re-orientation, which involves shifting migration control from the border deeper into the state by blending immigration and (international) criminal law in the US and Canada. A common theme amongst these three dynamics is the distancing of migrant abuse from mechanisms of accountability. As border control evolves, international criminal law offers a means to rehumanize migrants and expose the violence they face. Framing migrant abuses as crimes against humanity brings greater visibility to the violence of migration control and challenges the erosion of accountability caused by these shifting practices.

Resume

Mark Kersten is an Assistant Professor of Criminology and Criminal Justice at the University of the Fraser Valley, where he specializes in legal and political responses to mass atrocities and political violence. He is also a Senior Consultant at the Wayamo Foundation.

Recommended Citation

Mark Kersten, “Crimes Against Migrants as Crimes Against All of Us: The Relevance of International Criminal Law to Migrant Control” (2026) 14:1 Can J Hum Rts 45, online: <https://cjhr.ca/download/3540/?tmstv=1780505862&v=3541>.