On May 21, Italy’s Constitutional Court will hear arguments challenging the constitutional legitimacy of a law that penalizes sea rescue groups. Human Rights Watch and the European Center for Constitutional and Human Rights (ECCHR) have been allowed to intervene as amici curiae in this case, providing written briefs on Italy’s international legal obligations.
Judith Sunderland, associate Europe and Central Asia director at Human Rights Watch, stated: “The Constitutional Court’s decision could have far-reaching implications for Italy’s maritime policies and the protection of human rights at Europe’s borders and at sea.” She emphasized the importance of saving lives at sea and protecting people from abuse.
The case focuses on Italian government measures that restrict rescue operations in the central Mediterranean Sea. In October 2024, the Court of Brindisi referred questions about the Piantedosi Decree to the Constitutional Court. This decree allows authorities to fine and detain rescue ships for not following instructions from the Libyan Coast Guard.
Questions before the court include whether provisions of this decree violate principles in Italy’s constitution such as proportionality, reasonableness, legal precision, and compliance with international law. These challenges were raised by SOS MEDITERRANEE after their ship Ocean Viking was detained by Italian authorities.
Human Rights Watch and ECCHR argue that requiring compliance with Libyan Coast Guard orders risks violating nonrefoulement principles under international law. Libya is deemed unsafe due to systematic abuses against migrants including detention, torture, exploitation, extortion, and sexual violence.
ECCHR argues that following Libyan search-and-rescue orders could facilitate crimes against humanity like enslavement. Human Rights Watch highlights evidence of abuse faced by migrants in Libya along with collusion between Libyan Coast Guard units and smuggling groups.
Since 2017, Italy and the EU have supported Libya’s Coast Guard despite reports of its involvement in abuses. The UN Fact-Finding Mission on Libya found substantial grounds indicating crimes against humanity against migrants there.
According to IOM data since 2014 nearly 32,000 people have died or gone missing trying to reach Europe via the Mediterranean Sea. Since 2018 over 132,000 people intercepted by Libyan forces were returned to Libya after it declared its search-and-rescue region with Italian support.
Allison West from ECCHR stated: “Humanitarian rescuers should not face punishment for refusing to comply with orders that would subject people to crimes against humanity.” She emphasized that international law requires Italy to prevent such abuses rather than enable them.
