In January 2023, the Italian government introduced a code of conduct for NGO vessels undertaking search and rescue activities in the Mediterranean Sea. Among other provisions, this requires vessels to request a place of safety immediately after concluding a rescue operation, making it more difficult for them to rescue further migrant boats. Italian authorities have also instructed the NGOs to disembark at distant ports. This means that large vessels capable of carrying hundreds of people at a time, such as the Geo Barents of Doctors without Borders, are being sent with few survivors all the way to northern Italy – a journey that can take several days. The decree also obliges crew members to collect information from the rescued regarding their intent to apply for asylum and to share that information with the authorities.
These new developments have drawn strong criticism from both inside Italy and across Europe. Lawyers and human rights organisations have said the new rules clearly violate international maritime law and European Union law, while NGOs have pointed out that this will further widen the existing rescue gap in the central Mediterranean Sea. They fear that the death toll in this region will increase in consequence. A consortium of NGOs has called upon the European Commission and EU member states to respond strongly to the Italian decree.
A solution for Europe rather than Italy
The Italian decision to deliberately obstruct civil rescuers requires strong condemnation. Rendering assistance to anyone in distress at sea is required by law, as is allowing those rescued to disembark at a place where their “safety of life is no longer threatened”. This much is clear.
