Italy is not legally responsible for the actions of Libya’s coastguard during a deadly 2017 migrant rescue, Europe’s top human rights court ruled on Thursday. Judges at the European Court of Human Rights (ECHR) found Italy did not have “effective control” over the Libyan rescue operation in which 20 people died.
The case was brought by 14 survivors of a shipwreck that occurred off the coast of Tripoli in November 2017. Around 150 people were on board a small vessel when it began sinking. While some were rescued by the NGO Sea-Watch and brought to Italy, others were picked up by the Libyan coastguard and returned to Libya. Many were later detained at the notorious Tajura centre near Tripoli, where they reported being beaten and abused.
Despite Italy’s support for Libya’s coastguard, through funding, vessels, and training, the ECHR determined this assistance was not enough to establish legal responsibility. The court said the Libyan crew aboard the Ras Jadir had acted independently when responding to the distress signal.
The ruling stated that Italy had not assumed Libya’s sovereign powers at sea. As such, Italy could not be held accountable for what happened in Libyan-controlled waters, or for the abuse survivors later suffered in Libyan detention.
Libya is not a member of the Council of Europe, meaning the ECHR has no jurisdiction over its government or institutions. The court, based in Strasbourg, only rules on human rights complaints involving the 46 Council of Europe member states. Italy is one of them; Libya is not.
A ruling in favour of the 2017 migrant rescue survivors might have challenged the legality of European cooperation deals with countries like Libya and Turkey, which aim to prevent migrant crossings.
