London Daily

Focus on the big picture.
Saturday, May 31, 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
Satirical Sketch Sparks Political Spouse Feud in South Korea
Indonesia Quarry Collapse Leaves Multiple Dead and Missing
South Korean Election Video Pulled Amid Misogyny Outcry
Asian Economies Shift Away from US Dollar Amid Trade Tensions
Netflix Investigates Allegations of On-Set Mistreatment in K-Drama Production
US Defence Chief Reaffirms Strong Ties with Singapore Amid Regional Tensions
Vietnam Faces Strategic Dilemma Over China's Mekong River Projects
Malaysia's First AI Preacher Sparks Debate on Islamic Principles
White House Press Secretary Criticizes Harvard Funding, Advocates for Vocational Training
France to Implement Nationwide Smoking Ban in Outdoor Spaces Frequented by Children
Meta and Anduril Collaborate on AI-Driven Military Augmented Reality Systems
Russia's Fossil Fuel Revenues Approach €900 Billion Since Ukraine Invasion
U.S. Justice Department Reduces American Bar Association's Role in Judicial Nominations
U.S. Department of Energy Unveils 'Doudna' Supercomputer to Advance AI Research
U.S. SEC Dismisses Lawsuit Against Binance Amid Regulatory Shift
Alcohol Industry Faces Increased Scrutiny Amid Health Concerns
Italy Faces Population Decline Amid Youth Emigration
U.S. Goods Imports Plunge Nearly 20% Amid Tariff Disruptions
OpenAI Faces Competition from Cheaper AI Rivals
Foreign Tax Provision in U.S. Budget Bill Alarms Investors
Trump Accuses China of Violating Trade Agreement
Gerry Adams Wins Libel Case Against BBC
Russia Accuses Serbia of Supplying Arms to Ukraine
EU Central Bank Pushes to Replace US Dollar with Euro as World’s Main Currency
Chinese Woman Dies After Being Forced to Visit Bank Despite Critical Illness
President Trump Grants Full Pardons to Reality TV Stars Todd and Julie Chrisley
Texas Enacts App Store Accountability Act Mandating Age Verification
U.S. Health Secretary Ends Select COVID-19 Vaccine Recommendations
Vatican Calls for Sustainable Tourism in 2025 Message
Trump Warns Putin Is 'Playing with Fire' Amid Escalating Ukraine Conflict
India and Pakistan Engage Trump-Linked Lobbyists to Influence U.S. Policy
U.S. Halts New Student Visa Interviews Amid Enhanced Security Measures
Trump Administration Cancels $100 Million in Federal Contracts with Harvard
SpaceX Starship Test Flight Ends in Failure, Mars Mission Timeline Uncertain
King Charles Affirms Canadian Sovereignty Amid U.S. Statehood Pressure
Trump Threatens 25% Tariff on iPhones Amid Dispute with Apple CEO
Putin's Helicopter Reportedly Targeted by Ukrainian Drones
Liverpool Car Ramming Incident Leaves Multiple Injured
Australia Faces Immigration Debate Following Labor Party Victory
Iranian Revolutionary Guard Founder Warns Against Trusting Regime in Nuclear Talks
Macron Dismisses Viral Video of Wife's Gesture as Playful Banter
Cleveland Clinic Study Questions Effectiveness of Recent Flu Vaccine
Netanyahu Accuses Starmer of Siding with Hamas
Junior Doctors Threaten Strike Over 4% Pay Offer
Labour MPs Urge Chancellor to Tax Wealthy Over Cutting Welfare
Publication of UK Child Poverty Strategy Delayed Until Autumn
France Detains UK Fishing Vessel Amid Post-Brexit Tensions
Calls Grow to Resume Syrian Asylum Claims in UK
Nigel Farage Pledges to Reinstate Winter Fuel Payments
Boris and Carrie Johnson Welcome Daughter Poppy
×