Navigating Tomorrow's Borders: AI, Pre-Emptive Border Policing and the Prospects for Non-Refoulement in Europe

This article explores the evolution of European border policing strategies through technology focusing on Greece’s external borders and taking into consideration the latest developments in the field of AI-powered border surveillance systems. It sheds light on the adoption of pre-emptive practices which are emblematic of a discernible shift towards the extra-territorialisation of border controls and examines the legal challenges it raises vis-à-vis the principle of non-refoulement under European law, a discussion that has largely remained outside the academic radar. We argue that the extra-territorialisation of border controls partly enabled through technology has undermined the protection guaranteed by the principle of non-refoulement and that the introduction of advanced border surveillance systems, including AI-powered ones, may exacerbate this situation by obscuring the link between the prohibited conduct and the responsible actor. We thus urge for greater scrutiny of the compatibility of these systems with this principle.