Laura Magi

Some Thoughts on the Lawfulness of Recent Italian Practice and Laws Concerning Rescue Operations at Sea

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Since the end of 2022 the Italian Government has authorized NGOs vessels which had rescued mi-grants in the high seas to disembark them into Italian ports much more distant than those usually provided up to that date. Meanwhile in 2023 the Italian Parliament adopted the Law No. 15/2023 – converting the governmental Law Decree No. 1/2023 – imposing several conditions that private vessels conducting rescue operations at sea systematically must respect to be authorized to enter the Italian territorial sea and access into the Italian ports in order to disembark migrants rescue at sea. Both the practice to designate ports farer than those rescue boats can easily reach and the condi-tions rescue vessels must respect to be allowed to enter the Italian ports are not in conformity with international obligations Italy must respect and raise its international responsibility. Furthermore, Law No. 15/2023 might also be declared contrary to Article 117 of the Italian Constitution


  • NGOs
  • Law Decree No. 1/2023
  • rescue at sea
  • territorial sea
  • innocent passage
  • migrants


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