The concept of illegal immigration - study in international law
The concept of illegal immigration is embodied in the case of the
individual departure from the State of origin and his entry into the territory of
the State of destination, without taking the designated ports, legal and
administrative procedures for entering and leaving the territory of the State of
destination.
The concept of illegal migration includes humanitarian aspects that
accompany most of their situations and stages, which oblige the States
concerned to assist these migrants and enable them to exercise their fundamental
rights.
The researcher assumes that there is no specific definition agreed upon in
the framework of international treaties and conventions or international
jurisdiction. Therefore, the definitions provided by specialists in international
law or the definitions adopted by the relevant international organizations did not
include the idea that there are cases of illegal immigration For humanitarian
reasons, to seek employment or seek safe haven.
That the lack of definition to the concept of illegal immigration, led to
dealing with it as a crime in most countries, for violating national law,
regardless of the humanitarian aspect contained in the causes of this migration,
which led to the violation of the illegal immigrants' rights.
This research will be divided into an introduction, two topics, and an
Conclusion. The first topic deals with the position of international jurisprudence
on the illegal migration definition. The second topic deals with the position of
international organizations on the illegal migration definition.
One of the most important results is that international jurisprudence has not
developed a universally accepted definition, encompassing all aspects of it, and
that the inadequacy of the international legal norms on migration has failed to
define the concept of illegal migration, including its humanitarian aspects,
Therefore, Most States violate the rights of legal or illegal migrants.