Search and Rescue in the Central Mediterranean Sea: A Legal Analysis of the Recent Italian Practice

Abstract

The article tracks the most recent trends of Italian practice in the field of Search and Rescue operations in the Central Mediterranean Sea. It does so by focusing on the international and European legislation that constitutes the backdrop of such practice, the analysis of legislative and administrative measures that have been adopted by Italian authorities, and the most relevant domestic case law. The increasing role played by non-governmental organisations constitutes one of the main focuses of the discussion and particular attention is paid to the attempts that have been made to govern their operations also by the implementation, in 2017, of a dedicated ‘Code of Conduct’. The ‘closed ports’ policy operated by Italy and its enforcement vis-à-vis State as well as non-governmental organisation vessels is also scrutinised together with its impact on the doctrine of ‘Place of Safety’ which must be ensured to every migrant rescued at sea.