Shifting Responsibility on a Spectrum: The UK’s Responsibility for Externalised Border Control Operations

The United Kingdom (UK) government continues exploring ways to externalise its border controls to deter people from travelling to its shores. States, including the UK, use externalised border controls to reduce responsibility and avoid legal obligations through distance-creation in a manifestation of ‘irresponsibilisation’. They argue that extraterritorial border controls do not trigger their obligations under international refugee and human rights law, which are primarily territorial in scope. Were such claims true, they would create accountability gaps, allowing states to evade responsibility through cooperation and offshoring their legal duties. This paper challenges this view. It introduces a ‘responsibility spectrum’ applicable to the UK and other states’ actions involving externalised border controls, especially offshore processing of asylum claims or returns. The argument demonstrates that responsibility can arise for breaches of negative obligations, aiding and assisting a state, or violations of positive obligations. It emphasises that, despite the difficulties posed by ‘irresponsibilisation’, international law will ensure the UK is held accountable for any breaches it facilitates through any future externalisation policies.