Returning of Libya’s migrants is ruled illegal in Italy

Rome: Italy’s top court officials declared that sending sea migrants back to Libya is unlawful under the international humanitarian law that was pushed by human rights groups and charities. Libya and Italy have long been trading partners, but Italy and other European governments have been tightening up immigration in recent years, mainly from African countries. The Libya to Italy crossing route is one of the most used migration routes, where roughly 100,000 people tried to migrate to Italy in 2023. This was a long time coming from the Court of Cassation that finally upheld a conviction of the captain of an Italian towboat, the Asso 28, who in 2018, rescued 101 migrants in a dinghy at sea and returned them to Libya. Rescuing the migrants in international waters close to Libya included pregnant women and children back to unsafe environments.

The captain of Asso 28 who remains nameless, was sentenced to one year of imprisonment for the crimes of “abandoning minors or incapacitated persons, and arbitrary disembarkation and abandonment of persons.” He will likely go un-served because of the Italian law system in which sentences under four years are generally not served behind bars. The ruling became final on February 1st, 2024, after passing in multiple lower courts. All of this was under the rights of international humanitarian law.

The Office of Amnesty International hailed the conflict resolution, stating, “Pushing people back to Libya and collaborating with the so-called [Libyan] coast guard conflicts with the duty to bring rescued people to a safe place”. Consequently, under international humanitarian law, migrants can not forcibly be returned to countries where they risk bad treatment or abuse of any kind. Migrants have reported that they faced “an abhorrent cycle of violence”, with no hope of safety. This had originally attracted the attention of the U.N. refugee agency, U.N.H.C.R. back in 2018, which had brought attention to the actions of Asso 28 for violating international law.

With tight rules on immigration in recent years from Italy and other European countries, this ruling is a step in allowing migration from Libya and opening up to other North African countries. Migrants could get the basic assistance they need to live in a safe environment away from the cycle of violence. Allowing immigration will fuel Italy’s economy and end discrimination from past laws restricting migrants from Africa. Providing a safe journey and environment for migrants allows for more peaceful resolutions between the countries in the future.