Increasingly, courts are now institutions where collective actors, like NGOs, want to achieve change. The field of European asylum law is no different in that sense. But who are these actors and why choose litigation as a strategy?
The migration domain is made of a congeries of institutional and non-institutional actors contending and negotiating their role and space in the migration governance. What is the role of courts in this complex, stratified and ever-changing context?
The Prosecutor v. Al-Bashir (2010) has generated multiple clashes between the application of customary international law, treaty interpretation and the connection between immunities and territory.