London Daily

Focus on the big picture.
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

0:00
0:00
Close
Good News: Senate Confirms Kash Patel as FBI Director
Officials from the U.S. and Hungary Engage in Talks on Economic Collaboration and Sanctions Strategy
James Bond Franchise Transitions to Amazon MGM Studios
Technology Giants Ramp Up Lobbying Initiatives Against Strict EU Regulations
Alibaba Exceeds Quarterly Projections Fueled by Growth in Cloud and AI
Tequila Sector Faces Surplus Crisis as Agave Prices Dive Sharply
Residents of Flintshire Mobile Home Park Grapple with Maintenance Issues and Uncertain Future
Ronan Keating Criticizes Irish Justice System Following Fatal Crash Involving His Brother
Gordon Ramsay's Lucky Cat Restaurant Faces Unprecedented Theft
Israeli Family Mourns Loss of Peace Advocate Oded Lifschitz as Body Returned from Gaza
Former UK Defense Chief Calls for Enhanced European Support for Ukraine
Pope Francis Admitted to Hospital in Rome Amid Rising Succession Speculation
Senate Republican Leader Mitch McConnell, at the age of 83, Declares His Retirement.
Whistleblower Reveals Whitehall’s Focus on Kabul Animal Airlift Amid Crisis
Politicians Who Deliberately Lie Could Face Removal from Office in Wales
Scottish Labour Faces Challenges Ahead of 2026 Holyrood Elections
Leftwing Activists Less Likely to Work with Political Rivals, Study Finds
Boris Johnson to Host 'An Evening with Boris Johnson' at Edinburgh's Usher Hall
Planned Change in British Citizenship Rules Faces First Legal Challenge
Northumberland Postal Worker Sentenced for Sexual Assaults During Deliveries
British Journalist Missing in Brazil for 11 Days
Tesco Fixes Website Glitch That Disrupted Online Grocery Orders
Amnesty International Critiques UK's Predictive Policing Practices
Burglar Jailed After Falling into Home-Made Trap in Blyth
Sellafield Nuclear Site Exits Special Measures for Physical Security Amid Ongoing Cybersecurity Concerns
Avian Influenza Impact on Seals in Norfolk: Four Deaths Confirmed
First Arrest Under Scotland's Abortion Clinic Buffer Zone Law Amidst International Controversy
Meghan Markle Rebrands Lifestyle Venture as 'As Ever' Ahead of Netflix Series Launch
Inter-Island Ferry Services Between Guernsey and Jersey Set to Expand
Significant Proportion of Cancer Patients in England and Wales Not Receiving Recommended Treatments
Final Consultation Launched for Vyrnwy Frankton Power Line Project
Drug Misuse Deaths in Scotland Rise by 12% in 2023
Failed £100 Million Cocaine Smuggling Operation in the Scottish Highlands
Central Cee Equals MOBO Awards Record; Bashy and Ayra Starr Among Top Honorees
EastEnders: Four Decades of Challenging Social Norms
Jonathan Bailey Channels 'Succession' in Bold Richard II Performance
Northern Ireland's First Astronaut Engages in Rigorous Spacewalk Training
Former Postman Sentenced for Series of Sexual Offences in Northumberland
Record Surge in Anti-Muslim Hate Crimes Across the UK in 2024
Omagh Bombing Inquiry Concludes Commemorative Hearings with Survivor Testimonies
UK Government Introduces 'Ronan's Law' to Combat Online Knife Sales to Minors
Metal Detectorists Unearth 15th-Century Coin Hoard in Scottish Borders
Woman Charged in 1978 Death of Five-Year-Old Girl in South London
Expanding Sinkhole in Godstone, Surrey, Forces Evacuations and Road Closures
Bangor University Announces Plans to Cut 200 Jobs Amid £15 Million Savings Target
British Journalist Charlotte Peet Reported Missing in Brazil
UK Inflation Rises to 3% in January Amid Higher Food Prices and School Fees
Starmer Defends Zelensky Amidst Trump's 'Dictator' Allegation
Zelensky Calls on World Leaders to Back Peace Efforts in Light of Strains with Trump
UK Prime minister, Mr. Keir Starmer, has stated that any peace agreement aimed at ending the conflict in Ukraine "MUST" include a US security guarantee to deter Russian aggression
×