Border violence as a crime against humanity
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Some legal scholars and activists have argued that common forms of border control instituted in the twenty-first century by Western countries such as European Union member states, Australia, and the United States meet the definition of crimes against humanity and should be prosecuted by domestic and international courts.[1][2][3][4]
Possible crimes against humanity could be murder, imprisonment, deportation, persecution,[5] and enforced disappearance.[6]
Support and opposition
Proponents of the idea include Nuremberg trials prosecutor Benjamin Ferencz, who described the Trump administration family separation policy as a crime against humanity.[7]
Ioannis Kalpouzos and Itamar Mann have published multiple papers on the subject.[8][9] Kalpouzos cautions that it is daring to imagine that International Criminal Law (ICL) can be "anything but a hegemonic governance practice of powerful actors who seek to defeat their weaker enemies in law as well as in fact".[5]