In recent years, migration flows by sea, across the Mediterranean, have increased significantly, with a large growth in the smuggling of migrants. This article focuses on Italian current legislation and practice to fight against illegal immigration by sea, offering an analysis of interception operations conducted in the territorial sea, in the contiguous zone, and on the high seas. More particularly, on one hand, this article deals with the matter of the jurisdictional claims on international waters focusing on the exceptions to the principle of exclusivity of flag-State jurisdiction envisaged by the international treaties (UNCLOS, UN Protocol against the Smuggling of Migrants), and by bilateral readmission agreements. On the other hand, it draws attention to the fact that the interception operations, taken to combat smuggling of migrants at sea, should be in strict accordance with the international obligations to assist persons in distress at sea and to respect human rights of individuals, regardless if they are refugees fleeing persecution or economic migrants looking for a better future. From this perspective, the article deals with the duty of search and rescue (codified by UNCLOS and by SAR Convention), and with the jurisprudence of the European Court of Human Rights relating to the application of the ECHR for the interception operations at sea.
Poteri di enforcement e di jurisdiction in materia di traffico di migranti via mare: aspetti operativi nell'attività di contrasto
GRAZIANI, Francesca
;
2014
Abstract
In recent years, migration flows by sea, across the Mediterranean, have increased significantly, with a large growth in the smuggling of migrants. This article focuses on Italian current legislation and practice to fight against illegal immigration by sea, offering an analysis of interception operations conducted in the territorial sea, in the contiguous zone, and on the high seas. More particularly, on one hand, this article deals with the matter of the jurisdictional claims on international waters focusing on the exceptions to the principle of exclusivity of flag-State jurisdiction envisaged by the international treaties (UNCLOS, UN Protocol against the Smuggling of Migrants), and by bilateral readmission agreements. On the other hand, it draws attention to the fact that the interception operations, taken to combat smuggling of migrants at sea, should be in strict accordance with the international obligations to assist persons in distress at sea and to respect human rights of individuals, regardless if they are refugees fleeing persecution or economic migrants looking for a better future. From this perspective, the article deals with the duty of search and rescue (codified by UNCLOS and by SAR Convention), and with the jurisprudence of the European Court of Human Rights relating to the application of the ECHR for the interception operations at sea.I documenti in IRIS sono protetti da copyright e tutti i diritti sono riservati, salvo diversa indicazione.
