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Italian Deterrence Policies: An examination of the State´s non-entrée policies in response to the migration crisis

Thulin, Malcolm LU (2018) JURM02 20182
Department of Law
Faculty of Law
Abstract
The migration crisis of 2015 started when an unprecedented influx of irregular migrants arrived in the EU from the global south. The response from the countries of destination was increased securitization and policies aimed at deterring migrant crossings over the Mediterranean Sea and entering the EU, so called policies of non-entrée. Non-governmental organisations, formed for the purpose of operating search and rescue missions towards those in distress at sea, became subjects of deterrence policies.

The purpose of this thesis focuses on Italy and its deterrence policies, examining two specific Italian policies and their compatibility with international law: The first is the Italian State’s refusal to allow disembarkation of rescued... (More)
The migration crisis of 2015 started when an unprecedented influx of irregular migrants arrived in the EU from the global south. The response from the countries of destination was increased securitization and policies aimed at deterring migrant crossings over the Mediterranean Sea and entering the EU, so called policies of non-entrée. Non-governmental organisations, formed for the purpose of operating search and rescue missions towards those in distress at sea, became subjects of deterrence policies.

The purpose of this thesis focuses on Italy and its deterrence policies, examining two specific Italian policies and their compatibility with international law: The first is the Italian State’s refusal to allow disembarkation of rescued migrants at the country’s ports, using the Aquarius incident as the example. The second is the Italian cooperation with Libya. For the purpose of facilitating a stop to migrant arrivals across the Mediterranean Sea, the Italian government has supplied Libya with materials to bolster Libya’s migration control capabilities. This is done by Italy in an effort to effectively outsource its non-entrée policies and thus evade jurisdiction.

To achieve its purpose this thesis examines the following three areas of law:
Maritime law, the human rights law as well as the jurisdiction and state responsibility.

The first conclusion of the thesis is that Italy is under no obligation to allow disembarkation of rescued migrants on its territory. Additionally, due to the sovereignty of its territorial waters, Italy is under no obligation to allow foreign flagged vessels to enter its ports. Therefore, Italy’s policy of closing ports for NGOs seeking a port of disembarkation is in accordance with international law.

The second conclusion is that due to the security situation in Libya and the high risk of ill-treatment, the return of intercepted migrants to Libya is a breach of the prohibition of non-refoulement. The third conclusion is that Italy can be held responsible of the aid and assistance it provided to Libya, as the Libyan interception and return of migrants breaches the right to leave. (Less)
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author
Thulin, Malcolm LU
supervisor
organization
course
JURM02 20182
year
type
H3 - Professional qualifications (4 Years - )
subject
keywords
public international law, maritime law, human rights, Refugee crisis
language
English
id
8966047
date added to LUP
2019-02-02 10:35:18
date last changed
2019-02-02 10:35:18
@misc{8966047,
  abstract     = {The migration crisis of 2015 started when an unprecedented influx of irregular migrants arrived in the EU from the global south. The response from the countries of destination was increased securitization and policies aimed at deterring migrant crossings over the Mediterranean Sea and entering the EU, so called policies of non-entrée. Non-governmental organisations, formed for the purpose of operating search and rescue missions towards those in distress at sea, became subjects of deterrence policies. 

The purpose of this thesis focuses on Italy and its deterrence policies, examining two specific Italian policies and their compatibility with international law: The first is the Italian State’s refusal to allow disembarkation of rescued migrants at the country’s ports, using the Aquarius incident as the example. The second is the Italian cooperation with Libya. For the purpose of facilitating a stop to migrant arrivals across the Mediterranean Sea, the Italian government has supplied Libya with materials to bolster Libya’s migration control capabilities. This is done by Italy in an effort to effectively outsource its non-entrée policies and thus evade jurisdiction.

To achieve its purpose this thesis examines the following three areas of law: 
Maritime law, the human rights law as well as the jurisdiction and state responsibility.

The first conclusion of the thesis is that Italy is under no obligation to allow disembarkation of rescued migrants on its territory. Additionally, due to the sovereignty of its territorial waters, Italy is under no obligation to allow foreign flagged vessels to enter its ports. Therefore, Italy’s policy of closing ports for NGOs seeking a port of disembarkation is in accordance with international law.

The second conclusion is that due to the security situation in Libya and the high risk of ill-treatment, the return of intercepted migrants to Libya is a breach of the prohibition of non-refoulement. The third conclusion is that Italy can be held responsible of the aid and assistance it provided to Libya, as the Libyan interception and return of migrants breaches the right to leave.},
  author       = {Thulin, Malcolm},
  keyword      = {public international law,maritime law,human rights,Refugee crisis},
  language     = {eng},
  note         = {Student Paper},
  title        = {Italian Deterrence Policies: An examination of the State´s non-entrée policies in response to the migration crisis},
  year         = {2018},
}