A mass border breach at Spain’s North African enclave of Ceuta on Friday has left at least 34 people dead after an estimated 60,000 attempted to cross into the territory, sparking what officials describe as a deepening border crisis.

In response to the recent situation, Spanish Prime Minster Pedro Sánchez condemned the crossings as a “violation of Spain’s territorial sovereignty” and pledged full support to Ceuta. Spain has reinforced the enclave with soldiers and police, while Morocco deployed water cannons to push back crowds. Spain’s Interior Ministry have reported that more than 25,000 migrants have already been returned to Morocco at a shocking rate of 150 per minute.

Migrants attempt crossings by swimming from Moroccan towns like Fnideq (5 km) or Belyounech (shorter distance), or by climbing border fences. Authorities attributed the latest surge in migrant crossings to a Spanish Supreme Court ruling that barred immediate returns of migrants intercepted at sea without due process. The ruling does not apply to land entries. Some Moroccan migrant rights activists questioned this explanation, arguing that most migrants were likely unaware of the judgment and thus, could not have factored it into their decision to cross using the sea route.

Ceuta is a Spanish autonomous city on Africa’s north coast, bordering Morocco. Along with Melilla, it forms one of only two EU land borders with Africa. It has been under Spanish sovereignty since 1580, even after Portugal regained independence in 1640. After African decolonisation, Ceuta and Melilla remained the only European-held territories on the mainland of Africa. Its location makes it a key entry point for migrants and asylum seekers trying to reach Europe. The enclave is heavily fortified with fences, surveillance, permanent police and Civil Guard presence.

Through the lens of rule of law, Spain’s right to protect its borders must be balanced against obligations to safeguard life and dignity. The 1951 Refugee Convention, expanded by the 1967 Protocol, is the cornerstone of international refugee protection. It defines who is a refugee and guarantees their rights, most importantly the principle of non-refoulement—that no refugee should be returned to a country where they face persecution.

It also ensures access to asylum, protection from penalties for irregular entry, fair treatment in expulsion procedures, and basic civil, social, and economic rights such as work, education, and healthcare. The 1967 Protocol removed earlier geographic and time limits, making these protections universal.

Previously, Spain became the subject of international criticism in the aftermath of the June 2022 Melilla border tragedy where at least 37 migrants died, illustrating the systemic weaknesses in proper protections for asylum seekers. This, along with the recent events in Ceuta have been used as examples by rights groups in how hard-hitting border enforcement policies come at the expense of human lives.