Arab Press

بالشعب و للشعب
Saturday, Feb 22, 2025

Return of migrant vessels: a violation of maritime law and moral duty

Return of migrant vessels: a violation of maritime law and moral duty

Analysis: experts say blocking right to apply for asylum is an infringement of Universal Declaration of Human Rights
Gaspare, a fisher from Sciacca in Sicily, had rescued dozens of migrants attempting to reach Italy by boat from Libya when the Italian authorities threatened to arrest him and his crew for aiding illegal immigration.

“I wonder if even one of our politicians has ever heard the desperate cries for help at high sea in the black of night,” he said in 2019. “I wonder what they would have done. No human being – sailor or not – would have turned away.”

His words resonate again as the UK home secretary, Priti Patel, intensifies her campaign to send back boats carrying migrants across the Channel.

Sending a rickety vessel overladen with desperate people back toward France violates maritime law and a duty based on a longstanding moral obligation. There is no legal shortcut for states to avoid assisting asylum seekers at sea. No matter what Boris Johnson’s spokesperson says about making this plan “safe and legal”, failing to assist migrants who are in peril at sea is not a legal option.

Experts say any forcible returns of boats are a violation of the Universal Declaration of Human Rights, the Geneva conventions and EU legislation, because denying an individual the right to apply for asylum is an infringement of human rights.

Matteo Salvini, leader of Italy’s far-right League party and former minister of the interior, is still paying the price for his policy of closing the country’s seaports to vessels carrying migrants in 2018.

Last April, a judge in Sicily ordered Salvini to stand trial for refusing to let a Spanish migrant rescue ship dock in an Italian port in 2019, which kept those on board at sea for days. He was accused of kidnapping and dereliction of duty. If convicted, he could face up to 15 years in prison.

Sending back small vessels carrying asylum seekers is not like asking a truck driver who has taken the wrong road to reverse and go back. Migrants in rafts have risked everything for their trip. The journeys that migrants face are full of obstacles, aboard unseaworthy and overloaded vessels; some of the boats are in a dire state of repair.

Migrants often do not know how to swim; they sometimes make the mistake of jumping into the water with their clothes on when they see a ship coming to their aid without calculating the distance between them and their would-be rescuers. Hundreds of migrants have died at sea over the last few years during rescue operations.

It is not difficult to imagine what dozens of migrants on board a small boat would do at the sight of an English military ship that wants to send them back toward France. You only have to look at what migrants do at the sight of a Libyan coastguard vessel that wants to drive them away. They throw themselves into the sea and, very often, they die.

Turning back boats carrying migrants is not simply illegal; it is also very, very dangerous.

Gaspare’s son, Carlo, who is also a fisher, said that if he had turned away when he saw 50 migrants aboard a dinghy, in the black of night, that had run out of fuel and was taking on water, he would have been haunted until his dying day by their desperate cries for help. Patel’s plans suggest these are cries she has never heard.
Newsletter

Related Articles

Arab Press
0:00
0:00
Close
The negotiation teams of Trump and Putin meet directly, establishing the groundwork for a significant advance.
Israeli Minister Urges Hamas to Surrender and Depart from Gaza.
Iran Considers Moving Its Capital Due to Urban Difficulties
Israel and Hamas Finalize Sixth Exchange of Hostages and Prisoners During Continuing Gaza Ceasefire
Leaders of BRICS to Gather in Rio de Janeiro for July Summit
Muhsin Hendricks, a trailblazing openly gay imam, was killed in South Africa.
Trump's special envoy for hostage affairs cautions Hamas against challenging Trump before Saturday's deadline.
Two British citizens apprehended in Iran amid escalating tensions.
Israel Issues Threat of Military Action as Hostage Negotiations with Hamas Continue
Hamas Coordinates Worldwide Solidarity Marches in Reaction to U.S. and Israeli Initiative
Israel Warns of Ending Gaza Ceasefire Due to Hostage Situation
King Abdullah II Dismisses US Proposal to Relocate Palestinians, Commits to Welcoming Gaza Children.
Lebanon Installs New Government with Hezbollah's Impact on Key Ministries
Report: Iran Attempted to Assassinate Trump During Election Campaign
U.S. Authorizes $7.4 Billion Arms Sale to Israel
Iran's Supreme Leader Rejects Nuclear Negotiations with the U.S.
UN Chief Denounces Trump's Gaza Plan, Cautions Against Ethnic Cleansing
Pressure Intensifies for a Free Trade Agreement between the UK and GCC in Light of Economic Difficulties
Israel to Withdraw from UN Human Rights Council Due to Accusations of Anti-Semitism
EU Reaffirms Gaza's Essential Role in Future Palestinian State Following Trump's Proposal
Iranian Currency Reaches All-Time Low Amid US 'Maximum Pressure' Initiative.
UN Reaffirms Ban on Deportation from Occupied Territories Amid US Gaza Proposal
Palestinians Fear Repeat of 'Nakba' Amid Ongoing Crisis in Gaza
UAE Aids in the Exchange of 300 Prisoners Between Russia and Ukraine
Egypt Seeks Global Backing for Two-State Solution Following US Proposal for Gaza Plan
Trump's Suggestion to 'Seize Control' of Gaza Represents a Significant Shift in US Policy
French President is the first EU leader to extend congratulations to the new Syrian President.
Tunisian President Appoints New Finance Minister Amid Economic Crisis
Trump Suggests U.S. 'Takeover' of Gaza, Prompting Global Worries
Trump's Proposal for Gaza Provokes Global Debate
President Trump Suggests Moving Gaza's Palestinian Population
Aga Khan IV, Spiritual Leader and Philanthropist, Dies at 88
Erdogan and Syria's Sharaa Talk About Collaboration to Counter Kurdish Militants
Trump Suggests U.S. Control of Gaza Strip Amid Ongoing Conflict
Trump Resumes 'Maximum Pressure' Strategy to Limit Iran's Oil Exports.
Ex-British Soldier Sentenced for Espionage on Behalf of Iran and Fleeing from Prison
Gazans in Egypt Reject Displacement, Struggle with Return to War-Torn Home
Queen Rania Urges Protection of Children’s Rights at Vatican Summit
Hamas Officials Ready to Begin Negotiations for Phase Two of Gaza Truce
Trump Expresses Caution Over Gaza Ceasefire as Netanyahu Visits Washington
Oman to Host 18th Indian Ocean Conference on Maritime Security and Trade
Emir of Kuwait Meets BlackRock CEO for Talks on Investment Opportunities
Queen Rania of Jordan Calls for Global Action on Children’s Rights at Vatican Summit
Egyptian President El-Sisi Invited for White House Meeting Following Jordanian King’s Visit
Queen Rania Calls for Protection of Children’s Rights at Vatican Summit
Israeli Military Operations Continue on Lebanon Border Amid Ceasefire Tensions
Israeli Hostage's Release Highlights Uncertainty Over Family's Fate
Israeli Military Operations Escalate in Southern Lebanon Amid Hezbollah Tensions
Zayed Award for Human Fraternity Announces 2025 Honorees
Kuwait Anticipates a 12% Increase in Budget Deficit for the 2025-2026 Fiscal Year
×