Rapid Fire
Italian Court Ruling Against Returning Sea Migrants
- 13 Mar 2024
- 1 min read
Italy's highest court, the Court of Cassation, ruled that it is illegal to return rescued sea migrants to Libya.
- The court’s ruling is based on the principle of non-refoulement that forbids the forced return of people to countries where their lives or rights are at risk.
- The court's ruling affirms Libya as unsafe for migrants, highlighting the risk of "inhuman and degrading treatment" in detention centres under coastguards and militias if returned.
- Italy’s top court ruling that it is illegal to return sea migrants to Libya aligns with Article 98 of the United Nations Convention on the Law of the Sea (UNCLOS).
- This article obligates states to help anyone found at sea in danger of being lost and to rescue those in distress if they can do so without serious danger to their own ship or people.
Read more: UNCLOS Maritime Zones, Conflict in Libya
