La minaccia italiana di bloccare gli sbarchi di migranti e il diritto internazionale

Abstract

This paper addresses the legal consequences of a potential closure of Italian ports to vessels that have carried out rescue operations of migrants. An obligation to authorize entry into a port for such vessels cannot be inferred from the SAR and SOLAS conventions. Nevertheless, the closure of ports would entail significant and negative effects as to the the respect for international human rights rules and refugee protection standards. Various factors suggest that Italy would exercise powers over these vessels that could affect - de jure or de facto - the effective enjoyment of fundamental rights by those on board. The potential violations resulting from this are examined in detail.