Abstract
This paper examines the legal and biopolitical dimensions of maritime pushbacks in the Aegean Sea between 2018 and 2023. Located at the intersection of European border externalization and sovereign maritime jurisdictions, the Aegean Sea has become a contested site where the biological survival of displaced persons is systematically pitted against state security imperatives. Utilizing a comparative legal analysis, this study evaluates Hellenic Coast Guard practices and Frontex-supported operations against the established frameworks of international maritime law—specifically the United Nations Convention on the Law of the Sea (UNCLOS), the International Convention for the Safety of Life at Sea (SOLAS), and the International Convention on Maritime Search and Rescue (SAR)—alongside international human rights law, centering on the principle of non-refoulement and the prohibition of collective expulsion under the European Convention on Human Rights (ECHR). By integrating Giorgio Agamben and Michel Foucault’s theoretical frameworks on biopolitics and the state of exception, we argue that pushback policies have normalized the suspension of maritime rescue obligations. This operational suspension effectively transforms the sea into a zone of legal exceptionalism where migrant bodies are reduced to bare life. The paper concludes with policy recommendations for independent maritime monitoring and systemic reform of European border management compliance.
