Protection Beyond the State: Individual Obligations Towards Refugees

Contemporary migration ethics has largely centred on the responsibilities of states in controlling borders and shaping immigration policies, while the role of non-state actors has received comparatively little attention. This paper examines the broader obligations that individuals and civil society may bear towards refugees, especially under conditions of structural and direct injustice. It puts forward two main claims. The first is that, although states remain the primary duty-bearers, individuals and non-state actors acquire subsidiary duties when state protection fails. This applies both in situations of structural injustice and in cases of direct injustice, where states actively and illegitimately obstruct access to asylum. The second concerns the nature and scope of this obligation. While this is a humanitarian duty, and therefore capacity-based, it remains stringent for those able to act without unreasonable sacrifice. NGOs are particularly positioned to fulfil this role collectively and safely, while individuals have responsibilities to support these efforts and reduce associated burdens. Finally, the paper addresses objections concerning personal risk and inadequate post-arrival protection, arguing that neither undermines the core claim: refugee protection should not be viewed as an exclusively state responsibility, but as a shared obligation aimed at countering systemic injustices in migration governance.