The widespread use of artificial intelligence technologies in border management throughout the European Union has significant human rights implications that extend beyond the commonly examined issues of privacy, non-discrimination and data protection. This article explores these overlooked impacts through three critical frameworks: the erosion of freedom of thought, the disempowerment of individuals and the politicization of human dignity. In uncovering these dynamics, the article argues for a broader conception of human rights to prevent their gradual erosion and safeguard the core principle of protecting human dignity.

Article 58 of the European Convention on Human Rights (ECHR) contains a provision which allows for the involuntary withdrawal, or expulsion, of a State from the ECHR if it has been expelled from, or ceased to be a member of, the Council of Europe (CoE). By comparing Russia's exit from the ECHR in 2022 with that of Greece in 1969, this article demonstrates that involuntary withdrawal poses a number of legal problems—partly as a result of it not having been considered during the drafting of the ECHR or the Statute of the CoE, and partly because of the highly unclear basis on which involuntary withdrawal operates. The article then conducts a comparative analysis of other regional human rights systems and public international law principles on treaty withdrawal in order to suggest a more comprehensive legal foundation for expulsion.

The discourse on State immunity has traditionally focused on its application in judicial proceedings. However, in recent years scholars have begun to address whether the law on State immunity also protects foreign States against measures taken against their property by the territorial State's executive and/or legislative organs. This question has been raised following unilateral sanctions regimes freezing property of foreign States. It has gained renewed attention in the context of the ‘immobilization’ of around €300 billion of the Central Bank of Russia's assets as a reaction to the invasion of Ukraine by the Russian Federation. In addition, there are recent suggestions to subject these sovereign assets to further steps, including confiscation, the generation of investment returns or taxing windfall profits accruing to the entities holding the assets. This article revisits the various conceptions of the law on State immunity to address the question of whether a principle of State immunity against non-judicial measures of constraint exists. Based on a review of existing State practice and opinio juris, it argues that customary international law does provide for State immunity in this context. However, the article further contends that the content of the norm should be construed differently than in relation to judicial proceedings, recognizing the weight of public policy concerns of the territorial State.