The Italian court ruling against returning sea migrants to Libya
- March 8, 2024
- Posted by: OptimizeIAS Team
- Category: DPN Topics
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The Italian court ruling against returning sea migrants to Libya
Subject: IR
Section: Int Conventions
Context:
- Italy’s top court acknowledged that migrants face the risk of ‘inhuman and degrading treatment’ at detention centers should they be returned to Libyan coastguards.
More on news:
- Rights agencies have drawn attention to human rights abuses in Libyan territory, particularly in coastal prisons run by coastguards and armed militias, which become grounds for vast human trafficking networks.
- Unprotected refugees and asylum seekers are reportedly facing violence, torture, and inhumane conditions.
- Groups like UpRights and StraLi welcomed the “landmark” ruling, urging Italy to comply with international human rights standards and end its complicity with violations of migrants’ rights.
The court cases
- The case in question is a 2018 incident.
- A lower Italian court prosecuted the ship’s captain in 2021, finding him guilty of violating international humanitarian and refugee laws.
- The principle of non-refoulement forbids the forced return of people to countries where their lives or rights are at risk.
- As per international law, Libya is currently not a port of safety.
- The court said that once picked up, the migrants were under the captain’s charge, and in ‘abandoning’ them, the captain violated directives of the International Maritime Organization and the International Convention for the Safety of Life at Sea (SOLAS).
What are the legal obligations in handling rescues at sea?
- The expanse of the Mediterranean Sea between Libya and Italy is among the most dangerous albeit oft-used passage for migrants from sub-Saharan Africa fleeing ethnic conflict, war and famine.
About Article 98 of the United Nations Convention on the Law of the Sea:
- Under Article 98 of the United Nations Convention on the Law of the Sea, every shipmaster is required “to render assistance to any person found at sea in danger of being lost.”
- International maritime law also requires coastal states to conduct search and rescue services, and if needed, coordinate with other nations during these operations.
Some facts about Libya:
- Libya is a country in the Maghreb region of North Africa.
- It borders the Mediterranean Sea to the north, Egypt to the east, Sudan to the southeast, Chad to the south, Niger to the southwest, Algeria to the west, and Tunisia to the northwest.
- Tripoli is the capital of Libya.
- Libya had the largest proven crude oil reserves in Africa.