In the last decade, several states have increasingly tried to ‘un-sign’ to their humanitarian obligations by seeking ways to circumvent European or international law. Through an analysis of a recently passed act in Australia on the management of asylum seekers, this paper examines how the practice of ‘un-signing’ can be seen as a symptomatic instance of reconfiguring asylum in late modernity. We focus on the proliferation of ‘legal pragmatics’ in the management of refugees. By ‘legal pragmatics’, we refer to the processual ways in which the state attempts to hollow out international refugee law and in which courts respond by reinstating it. Normative consequences are the criminalisation and the juridification of refugees. We argue that the proliferation of ‘legal pragmatics’ illuminates not only the ever-expanding reach of neoliberal changes in domestic legislation, but also the limitations of human rights to adequately respond to the neoliberal vicissitudes of humanitarian government.

The notion of humanitarian government has been increasingly employed to describe the simultaneous and conflicting deployment of humanitarianism and security in the government of ‘precarious lives’ such as refugees. This article argues that humanitarian government should also be understood as the biopolitical government of host populations through the humanitarian government of refugees. In particular, it explores how the biopolitical governmentality of the UK decision to suspend search-and-rescue operations in the Mediterranean in 2014, and the British rejection and German welcoming of Syrian refugees primarily concern the biological and emotional care of the British and German populations. To this end, the article analyses how dynamics of inclusion/exclusion of refugees have been informed by a biopolitical racism that redraws the boundary between ‘valuable’ (to be included) and ‘not valuable’ (to be excluded) lives according to the refugees’ capacity to enhance the biological and emotional well-being of host populations. This discussion aims to contribute to three interrelated fields of research – namely, humanitarian government, biopolitical governmentality, and responses to the European refugee crisis – by exploring how biopolitics has shaped the British and German responses to the crisis and how it encompasses more meanings and rationalities than currently recognised by existing scholarship on humanitarian government.