Abstract

International Human Rights Law and International Law of the Sea, as interpreted by international courts, contribute to clarifying essential elements of some criminal offences punished by Italian Criminal Law and applicable in some circumstances to the conduct of the ship commander who, having rescued people at sea, is accused for having returned the rescued people to the authorities of an ‘unsafe’ State. Once recognized the role of the ship’s commander as in charge of public service, the violation by him of the international rules on the prohibition of delivery to an ‘unsafe’ State can be punished as criminal abuse of power (in case of evidence of an unjust damage) and as criminal unauthorized delivery of people on board. The same conduct, when perpetrated against vulnerable persons (such as minors and pregnant women), can also constitute the crime of abandonment of minors or incapables.