International laws must be 'tailored to reality' in era of mass migration, ECHR warned

International law must be “tailored to reality” and allow countries to protect their borders in an era of mass migration, Justice Secretary Alex Chalk will say.

Mr Chalk, speaking at the G7 Justice Ministers’ Meeting in Venice, will warn that frustrated populations will hold the law “in contempt” if it does not “deliver for them”.

He will declare laws and treaties – such as the European Convention on Human Rights and the Refugee Convention – must “be up to date”.

The Justice Secretary will argue regulations must not allow those breaking them to be “materially advantaged by doing do”.

He will tell G7 ministers: “There will be some who take the view that the law should be no impediment to tackling irregular migration.

“But it is important for all of us here to be the voice that says “no”. We must uphold the rule of law, but it can also help us to protect our borders if we approach it in the right way.

“The law is a living instrument, not suspended in time. It must underpin our citizens’ rights and freedoms, and to do that, it must also be up to date, and tailored to reality.

“As a group of nations, it’s right that we should consider together the direction of travel for international law, to reinvigorate the rules-based order, so that it is fit to respond to the challenges of the 21st century.”

Prime Minister Rishi Sunak has threatened to leave the ECHR if his Rwanda migrant plan is blocked.

And Home Secretary James Cleverly described the 1951 Refugee Convention as “anachronistic, adding that it had not been updated since 1967.

The Government, while leaving the threat of leaving the ECHR on the table, is trying to reform the international treaties, institutions and conventions that govern immigration and refugees.

Right-wing Conservative MPs, including former Home Secretary Suella Braverman, have consistently pushed for the UK to leave the ECHR.

And Mr Sunak said: “I do believe that border security and making sure that we can control illegal migration is more important than membership of a foreign court because it's fundamental to our sovereignty as a country.”

Many critics have argued international courts hold too much power to interfere in domestic politics. The European Court of Human Rights, based in Strasbourg, grounded the first flight to Rwanda with an 11^th hour injunction.

And Mr Chalk will warn in Venice: “The international rules-based order, and so many of the legal frameworks we rely on for our peace and prosperity, emerged out of the ashes of World War II –- a completely different world from the one we live in today.

“Our nations are now grappling with new, thorny issues, from how to respond to mass migration as millions march across the world to the spectre of climate change, and the advent of new technologies, like AI, with all the opportunities and risks they bring.

“If the law is to be respected by our citizens, it must deliver for them. Its frameworks must be capable of responding to 21^st century problems. To be irrelevant is to be ignored, or still worse held in contempt – which risks damaging our freedom, safety and security.

“The Rule of Law isn’t just about ensuring all are equal before the law – important though that is. It also means ensuring that those who don’t abide by the law aren’t materially advantaged by doing so. Illegality must have consequences.

“The UK is not alone in facing these pressures – all of us are. Tackling smuggling gangs requires coordinated sustained international cooperation, including targeted upstream intervention.”

Almost 9,000 migrants have crossed the English Channel so far this year, an alarming rise compared to the same period last year.

Between January 1 and May 7 last year, some 6,549 migrants arrived in small boats.

The Home Office last week confirmed it had begun detaining failed asylum seekers under, “Operation Vector”, for the first deportation flights to Rwanda.

Migrants in handcuffs were escorted to vans after raids on homes and hotels across the country, with more planned.

The first asylum seekers were detained on Monday, the Daily Express understands.

Women were among those detained, it is understood.

Officials have confirmed charter planes have been booked for the first flights, with an airport also on standby.

Immigration enforcement teams are set to fill up every allocated bed in the UK’s removal centres before the first flights.

Around 800 officers are taking part in the raids, it is understood, and the only people being held are those the Home Office thinks there is a reasonable chance of successfully deporting.

The Home Office has set aside a specific number – though it won’t say how many – of spaces within then detention estate for migrants set to board a one-way flight to Kigali.