The law of the sea

The umpteenth shipwreck of a boat in the Mediterranean, on the Calabrian coast, with its by now usual death toll, has dramatically drawn attention to the "journeys of hope", which have now become "journeys of despair". A boat overloaded with people was in the middle of the sea force 4, about 40 miles from the coast, and a rescue operation was not requested by the Coast Guard. After a report from Frontex, the Guardia di Finanza was activated for a police operation. These are the facts.

The indecent statements by the interior minister rightly aroused a reaction from both the political world and civil society. Politics and law are not always in harmony. What has happened in recent weeks requires that we take a look at the reasons for the law, often overwhelmed by the screams of politics, by the pressure of the search for cheap consensus and - let's be frank - by demagoguery and populism, often seasoned with so-called sovereignty.

Already with the "Conte I" government (Lega and Salvini-led M5S) and the related infamous "security decrees" it became clear that Italy had now taken the path of contrasting the entrances of those who come from politics simplistically qualified as "migrants ”, without recognizing that among those seeking to enter the European Union there are also other subjects, such as those who can obtain refugee status or at least forms of humanitarian protection.

Politics involves choices, and these are oriented towards achieving certain objectives.
The choice of the Italian government is that of contrast, the closure of ports, rejections, even to the point of even hypothesizing "naval blockades".
The law, on the other hand, is characterized by the vocation to limit the choices to only those compatible with the rules of a legal system. For example, mentioning naval blockades is nonsense, since it is an institution of international law of war, which can only be applied in situations of armed conflict.

In general, the international legal system, in accordance with international human rights law, refugee law and migration law, promotes search and rescue activities and forms of humanitarian reception. Units of the Guardia di Finanza operated in Calabria, in contact with Frontex, the EU agency that oversees the external borders. The result is an essentially police activity, to counter attempts at "illegal immigration". The Coast Guard, on the other hand, intervenes when a rescue operation at sea is required. In the case of the Turkish gulet, the intervention of the Coast Guard was not requested, fully equipped for rescue even in difficult conditions. In recent weeks, the Italian government has received two letters that are embarrassing to say the least, since they come from important institutional offices.

The first is from the Commissioner for human rights of the Council of Europe Dunja Mijatovic, who has the task of promoting effective respect for human rights in the 46 member states of the largest European political organization (which is based in Strasbourg, and must not be confused with the European Union of 27). The Council severely censures the decree-law (in the meantime converted into law by the parliament) which places serious limitations on non-governmental organizations (NGOs) operating for search and rescue at sea. In particular, it considers the ban on carrying out multiple rescue operations (with the obligation to reach the port after each operation, ignoring other requests for help) unacceptable. In doing so, a commander "would fail in his duties to rescue under international law". Not only that, but in Italian practice, NGO ships are assigned ports of unloading which involve long navigation, "prolonging the suffering of the shipwrecked rescued", and onerous and unjustified bureaucratic obligations are imposed. Furthermore, it is invited to "suspend cooperation with the Libyan government on interceptions at sea". The letter therefore requested the government to withdraw the decree or amend it in accordance with international law.

The second letter is from the United Nations High Commissioner for Human Rights Volker Türk, who says the law "would punish both migrants and those who try to help them". The high commissioner reminds the government that "according to international law, a captain has the obligation to provide immediate assistance to people in distress at sea, and states must protect the right to life", and underlines the same aspects highlighted by the European Council.
The Italian government has substantially ignored these authoritative calls for respect for international law and human rights, and indeed seems determined to continue along the path of strengthening controls, rejecting, of putting obstacles in the way of NGOs that do their utmost to help people in need.
This political choice is matched by a civil society sensitive to the humanitarian tragedies taking place in our sea.

Frequently, then, the voices of admirals (in delicate positions of command) and, in general, of officers of the Navy and the Coast Guard are raised, who calmly affirm that anything can be done, except asking a sailor not to save a person at sea. They recall "the law of the sea", safe, mandatory, "human" in the highest and noblest sense.

Edoard Greppi
NP April 2023