The recently adopted Protocol between Italy and Albania on the strengthening of cooperation in the context of migration establishes a unique regime of extraterritorial management of border controls and processing of asylum claims by « dis- locating » migrants rescued or intercepted at sea in special facilities located in Albania but subjected to Italian jurisdiction pending determination of their status and possible repa- triation. The author dwells upon the special distinguishing features of the « dislocation » regime as compared to other forms of « externalization » of migration and asylum proce- dures. The author also examines whether the implementation of the extraterritorial regime envisaged by the Protocol may give rise to infringements of international treaty obligations concerning the rescue of people in distress at sea, and the protection of human rights and asylum seekers. Finally, the author deals with the question of whether and to what extent Italy and/or Albania can be held internationally responsible for any human rights viola- tions suffered by migrants dislocated in the Albanian centres.
Il Protocollo Italia-Albania sulla "dislocazione extraterritoriale" dei migranti
andrea saccucci
2024
Abstract
The recently adopted Protocol between Italy and Albania on the strengthening of cooperation in the context of migration establishes a unique regime of extraterritorial management of border controls and processing of asylum claims by « dis- locating » migrants rescued or intercepted at sea in special facilities located in Albania but subjected to Italian jurisdiction pending determination of their status and possible repa- triation. The author dwells upon the special distinguishing features of the « dislocation » regime as compared to other forms of « externalization » of migration and asylum proce- dures. The author also examines whether the implementation of the extraterritorial regime envisaged by the Protocol may give rise to infringements of international treaty obligations concerning the rescue of people in distress at sea, and the protection of human rights and asylum seekers. Finally, the author deals with the question of whether and to what extent Italy and/or Albania can be held internationally responsible for any human rights viola- tions suffered by migrants dislocated in the Albanian centres.I documenti in IRIS sono protetti da copyright e tutti i diritti sono riservati, salvo diversa indicazione.