On May 21, Italy's Constitutional Court will consider for the first time arguments about the constitutional legitimacy of a law that imposes sanctions on sea rescue groups, Human Rights Watch and the European Center for Constitutional and Human Rights (ECCHR) said today. The organizations were both permitted to intervene as amici curiae, or friends of the court, in the historic case, submitting written briefs that address Italy's international legal obligations.
"The Constitutional Court's decision could have far-reaching implications for Italy's maritime policies and the protection of human rights at Europe's borders and at sea," said Judith Sunderland, associate Europe and Central Asia director at Human Rights Watch. "Our organizations intervened in the case because of the fundamental rights and principles at stake. This is about saving lives at sea and protecting people from nightmarish abuse."
At the heart of the case are Italian government measures that severely limit rescue capacity in the central Mediterranean Sea, one of the world's deadliest migration routes. In October 2024, the Court of Brindisi referred three questions to the Constitutional Court concerning a law commonly referred to as the Piantedosi Decree, which empowers Italian authorities to fine and detain rescue ships on various grounds, including alleged failure to abide by instructions from the Libyan Coast Guard.
The questions concern whether provisions of the Piantedosi Decree violate key precepts in the Italian constitution of proportionality, reasonableness, and legal precision, as well as compliance with binding obligations under international and European law. These challenges were initially raised by the nongovernmental organization SOS MEDITERRANEE in its appeal against the Italian authorities' administrative detention of its rescue ship the Ocean Viking.
In separate amicus briefs accepted by the Constitutional Court, Human Rights Watch and ECCHR argue that requiring rescue ships to follow orders from the Libyan Coast Guard risks violating the principle of nonrefoulement, a cornerstone of international law that prohibits returning individuals to places where they face serious harm. Libya, where migrants and refugees are subjected to systematic arbitrary detention, inhumane detention conditions, torture and ill-treatment, exploitation, extortion, and sexual violence, cannot be considered a "safe place" for disembarkation.
ECCHR's submission further argues that obeying Libyan search-and-rescue orders risks facilitating crimes against humanity, including enslavement.
Human Rights Watch argued in its legal brief that the incontrovertible evidence that migrants face abuse in Libya, coupled with the collusion between Libyan Coast Guard units and other quasi-security forces with smuggling groups, demonstrates the impossibility of designating the Libyan Coast Guard as a reliable actor in search and rescue operations with the authority to issue binding instructions to rescue vessels.
Since 2017, Italy and the European Union have provided financial, technical, and operational support to the Libyan Coast Guard, despite consistent reports of its involvement in abuses. In 2023, the United Nations Independent Fact-Finding Mission on Libya found "substantial grounds to believe" that migrants in Libya are victims of crimes against humanity, including torture, enslavement, and arbitrary detention.
According to the International Organization for Migration, almost 32,000 people have died or gone missing in the Mediterranean Sea during attempts to reach Europe since 2014. Libyan Coast Guard forces have intercepted and returned to Libya more than 132,000 people since 2018, when Libya-with Italy's support-declared its search-and-rescue region.
"Humanitarian rescuers should not face punishment for refusing to comply with orders that would subject people to crimes against humanity," said Allison West, senior legal advisor at ECCHR. "International law demands that Italy prevent, not enable, such abuses."
