Criminalizing Solidarity, Regulating the Enemy: Analyzing the Criminalization of Migrant Solidarity through ‘Enemy Under-Criminalization’ in Greece

• In Event: The EU Pact on Migration and Asylum: Why Criminologists Should Care? (I)

Abstract

This paper investigates why state authorities criminalize acts of solidarity with migrants and refugees, focusing on Greece and the application of the theory of "enemy under-criminalization." The central argument is that solidarity is treated with hostility due to its association with the "enemy" (irregular migrants and refugees) and its potential to expose illicit tactics used by the Greek state to control immigration. The paper examines Greece's exclusionary legal framework and recent cases to demonstrate how the state criminalizes individuals and organizations assisting migrants. It highlights the treatment of defendants, along with the harassment of NGOs, human rights defenders, and journalists covering immigration issues. Ultimately, the paper argues that these actions operate outside the rule of law, using punitive measures that bypass traditional legal safeguards, undermine humanitarian efforts, and raise concerns about the erosion of rights and the role of law in perpetuating exclusion.

Author

• Filippos Kourakis, Panteion Univeristy