Rights at Sea: State Interference with Activists’ Search and Rescue Operations

Abstract

After reducing their humanitarian presence at sea, States have begun to interfere with Search and Rescue (SAR) operations led by NGOs aimed to render assistance to migrants in distress. In Italy, the recent Law-Decree 1/2023 on NGOs’ SAR activities constitutes an important development grounding States’ efforts to interfere with activists’ operations. In this article, I first describe the practices of delay and/or denial of disembarkation that Italy has implemented. Second, I consider whether these strategies stemming from national legislation are compliant with the State’s international obligations under the law of the sea. I show how the law of the sea provides some regulation but also leaves crucial gaps which amplify the State’s discretion in interpreting legal duties. Third, I assess how the new Law interferes with the rights of rescuers. I conclude that Italy’s interference with the human rights of rescuers operating at sea is not fully compliant with international legal obligations.