Navigating Legal Ambiguity and Moral Responsibility

Switzerland’s Role in Pushbacks During Frontex Operations

Abstract

In recent years, the European Border and Coast Guard Agency (Frontex) has faced sustained scrutiny for its alleged involvement in pushbacks at the European Union’s external borders. Switzerland, while legally obliged to participate in Frontex operations, is also bound by the non-refoulement principle, a cornerstone of international human rights law that pushbacks contravene. This article investigates Switzerland’s legal and ethical responsibilities in this context. The analysis applies the doctrine of state responsibility to assess Switzerland’s legal liability and employs the framework of collective responsibility to evaluate its ethical accountability. Juxtaposing these perspectives reveals a significant disparity between Switzerland’s legal obligations and its ethical commitments. The article concludes by suggesting measures to close this responsibility gap, such as withholding funds or personnel until Frontex implements effective measures to prevent pushbacks, actively promoting human rights within the agency, and using diplomatic channels to ensure respect for human rights. These steps would help reconcile Switzerland’s self-image regarding its humanitarian tradition and commitment to human rights with its involvement in Frontex.