Rethinking Mass Influx and Derogation in the Age of AI: The Role of New Technologies in Redefining Crisis, Protection and State Obligations

Abstract Mass influx refers to the large-scale, sudden arrival of people fleeing humanitarian crises across international borders. Such mass movements pose challenges for host states and are frequently characterised as exceptional situations requiring emergency responses or derogation under international and European Union law. To date, no comprehensive analysis has focused on how new technologies may reshape the legal and operational frameworks governing mass influx situations. This article addresses this gap by exploring the impact of emerging technologies, particularly Artificial Intelligence (AI), on the management of large-scale displacement and their implications for derogation regimes and temporary protection. It is argued that while new technologies may ease the administrative and logistical burdens on host states, thereby weakening the basis for invoking derogation, they do not obviate the need for exceptional legal responses. Persistent challenges remain, including disparities in technological capacity, the inherent unpredictability of displacement, and political resistance to extending full Convention rights to those fleeing en masse. The article concludes that although AI may improve preparedness and mass influx response, it is unlikely to render derogations or temporary protection frameworks obsolete.