Drones, Border Surveillance and the Protection of Human Rights in the European Union

Abstract

Drones are increasingly used in border management by EU Member States and Frontex. Drones are considered high-performance tools in border surveillance, due to their enhanced capabilities in the area of detection, observation, data collection and information sharing. They are also instrumental in implementing current policies of contention of migration that rely on cooperation with third countries and, at times, on pull-back operations. The use of drones in such operations raises legal problems relating to the observation of the principle of non-refoulement, which binds both Member States and Frontex. These problems are explored in the light of the applicable rules of international refugee law and human rights law, EU law, and the case-law of the European Court of Human Rights.