Australia's boat push-back policy: hyper-legalism and obfuscation in action

This chapter critically examines Australia’s policy of pushing-back asylum seekers who attempt to reach Australia by boat. It begins by briefly describing Australia’s approach and the concerns it raises under international law. Attention then turns to the tactics Australia has used to evade accountability for breaches of international law which occur as part of its push-back operations. Two tactics are examined. The first is hyper-legalism, a formalistic bad faith interpretation and application of international obligations. The second is obfuscation, which involves secrecy around operations and their purported legal justification. The chapter concludes with some targeted strategies for counter-acting each of these strategies and fostering greater accountability.