The Great Fire of Romulus

Rights of Refugees in a 24th Century World

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On July 19, 64 AD, flames erupted near the ancient chariot-racing stadium known as the Circus Maximus. Fueled by oils and other flammable goods in the merchant’s sector, as well as the tinder provided by poorly constructed and overlapping shanties, the fire raged for nine days. Over two thirds of the city was destroyed, causing a refugee crisis of unseen proportions. The populace blamed Emperor Nero for the disaster, Emperor Nero blamed the Christians, and the event became so fraught with controversy it went down in history as the Great Fire of Rome.

True to form, Star Trek cleverly paid homage to the crisis in Star Trek (2009). The movie explains that, in the prime timeline, the Romulan homeworld is destroyed by a devastating supernova that eradicates over ninety percent of the Romulan race. One of the few remaining Romulans, Captain Nero, seeks vengeance against the Federation for what he perceives as a deliberate failure to intervene. Like its real-world inspiration, the Star Trek movie offers a glimpse into the social and emotional impact of such a cataclysmic event. Rather than address the political and moral crises that arise in the aftermath of such events, however, the movie focuses only on Nero and his singular, unhinged quest for vengeance. While this made for an exciting action story, it failed to deliver on any deep exploration of moral, political or social questions related to events like these: the very thing Star Trek does best.

This may be about to change. Star Trek fans have received confirmation that the new Star Trek: Picard series will address the destruction of Romulus and the failures of the Federation leading up to and following the crisis. The Countdown comic books offer a glimpse into the difficulties then-Admiral Picard faced in his mission to evacuate the doomed planets. The focus on the virtuously conflicted Picard as well as the promise of a “less utopian” Federation promise a more thoughtful, critical look at the treatment of refugees and other sociopolitical implications of extinction level events.

It couldn’t come at a better time. Natural disasters and climate-related crises are displacing people at record levels and are only continuing to get worse. The treatment of asylum seekers has become a controversial topic in the United States and other developed countries, fueled by the rise of nationalism and anti-immigrant sentiment. The current legal system surrounding refugees is ill equipped to handle current levels of displacement, much less future projections.

Indeed, under current international law the Romulans wouldn’t even be considered refugees. Article 1(A)(2) of the 1951 Convention Relating to the Status of Refugees defines a refugee as an individual who is outside his or her country of nationality or habitual residence who is unable or unwilling to return due to a well-founded fear of persecution based on his or her race, religion, nationality, political opinion, or membership in a particular social group. People displaced by natural disasters or other crisis events are not considered refugees, and do not have the basic rights of refugees outlined in the 1951 Convention.

Even if these rights did apply, they would not help the Romulans much. The basic right afforded to refugees in the international law context is known as “non-refoulement,” or the prohibition against the return of refugees to territories in which their life or freedom would be at risk. This right does not guarantee asylum to refugees, nor to aid or quarter in any meaningful way. And even this right has its limits: any person who threatens the “national security” of the host country may not claim protection under this principle. As the Trump administration’s Muslim ban demonstrates, this exception can be construed broadly. Given that the Romulans have a history of conflict with the Federation, and are widely perceived as an aggressive and warmongering people, it would be entirely unsurprising to see Federation planets refuse to receive Romulan refugees on similar grounds.

Perhaps, in this future world, the principles of unity and cooperation established by the Federation will win the day. But even the most utopian of ideals has its detractors. In 2018, the U.N. approved the Global Compact on Refugees. This non-binding compact set out measures to share responsibility to help those who are forced to flee their countries because of conflict or persecution, and ease the burden on the small number of nations that host the majority of refugees. In an effort to elicit the cooperation of richer, less affected countries, the well-meaning document seeks to recast refugees as an economic benefit to nations that receive them. It does little to impose any actual obligations or goals for global cooperation during refugee crises. Despite this, the United States is one of two countries that refused to join the compact.

Throughout the show’s history, Star Trek has shown a unique ability to hold a mirror to our world and reflect on the social and moral conflicts contained therein. It will be interesting to see where the show goes with such rich material as a basis for exploration. Perhaps one day we can, ourselves, escape the Mirror Universe and make the vision of a more egalitarian society “so”. I, for one, will be eagerly watching the series with earl grey, hot, in hand.

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Bethany Bengfort is an intellectual property and complex technology attorney. Bethany graduated from Stanford Law School in 2016, where she specialized in the intersection of technology and the First Amendment. Working with the Juelsgaard Intellectual Property and Innovation Clinic, Bethany advised and provided legal defense for fan fiction writers, fan game developers, entrepreneurs, and open source innovators. An avid science fiction and fantasy enthusiast, Bethany has presented on sci-fi and the law at various conventions including San Diego Comic-Con and Escape Velocity DC.

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