London Daily

Focus on the big picture.
Thursday, Apr 09, 2026

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
Meghan Markle’s Planned Australia Appearance Sparks Fresh Speculation
Starmer Warns Sustained Effort Needed to Ensure US–Iran Ceasefire Holds
UK to Partner with Shipping Industry to Rebuild Confidence in Strait of Hormuz, Cooper Says
UK Interest Rate Expectations Ease Following US–Iran Ceasefire Agreement
Starmer Signals Major Effort Needed to Fully Reopen Strait of Hormuz During Gulf Visit
UK Fuel Prices Face Ongoing Volatility Amid Global Pressures and Domestic Factors
Kanye West’s Planned Italy Festival Appearance Draws Debate After UK Entry Ban
Smuggling Routes Shift Toward Belgium as Migrant Crossings to UK Evolve
Ceasefire Offers Potential Relief for UK Fuel and Food Prices Amid Ongoing Uncertainty
Iran Conflict Raises Questions Over UK’s Global Influence and Military Preparedness
Senator McConnell Visits Kentucky to Highlight Federal Investment in Local Projects
Kanye West Barred from Entering UK as Legal Grounds Come into Focus
UK Denies Visa to Kanye West After Sponsors Withdraw from Wireless Festival
Trump-Era Forest Service Restructuring Leads to Closure of UK Lab Focused on Kentucky Woodland Health
Foreign Students in the UK Describe Harsh Living Conditions and Financial Pressures
Reform UK Proposes Visa Restrictions on Nations Pursuing Reparations Claims
Public Reaction Divides Over UK Decision to Bar Kanye West
Calls Grow for UK to Review US Base Access Following Concerns Over Escalating Rhetoric
UK Indicates It Will Not Permit Use of Its Bases for Potential US Strikes on Iran’s Energy Infrastructure
UK Prime Minister Defends Decision to Bar Kanye West, Questions Festival Booking
UK Accelerates Efforts to Harmonise Medical Technology Rules with United States
Wireless Festival Cancelled After Kanye West Denied Entry to the United Kingdom
Australia’s most decorated living soldier was arrested at Sydney Airport and charged with five counts of war-crime murder for the killing of unarmed Afghan civilians
The CIA’s Secret Technology That Can Find You by Your Heartbeat Successfully Locates Downed Airman
Operation Europe: Trump Deploys Vance to Hungary to Save the EU
King Charles Faces Criticism From Some UK Christians Over Absence of Easter Message
Former UK Defence Secretary Raises Concerns Over Ability to Counter Iran Missile Threat
UK Signals Non-Involvement in Iran Conflict as Trump Reasserts Firm Deterrence Stance
US and UK Strengthen Medical Device Cooperation Following Tariff Removal
Trump Backs Steve Hilton for California Governor, Highlighting Reform Agenda
UK Seeks Closer Ties With Anthropic as AI Policy Divergence Emerges Across Atlantic
Experts Warn of Evolving Extremism After Teens Arrested in UK Ambulance Arson Case
UK Convenes Talks to Safeguard Shipping Through Strait of Hormuz After Conflict Escalation
Trump Highlights Strong Leadership in Critique of UK Stance on Iran
UK Authorities Review Kanye West’s Entry Status Following Festival Backlash
UK Considers Deploying Aircraft Carrier for US Independence Day Celebrations Amid Renewed Transatlantic Focus
United Kingdom Moves to Attract AI Firm Anthropic Amid Tensions with US Defense Officials
RAF Intercepts Iranian Drones in Middle East to Defend Allied Security Interests
Labour Signals Shift on Foie Gras and Fur Restrictions to Advance EU Trade Talks
Seven Arrested Near RAF Base as UK Authorities Respond to Protest Activity
Economic Pressures Mount as Analysts Warn UK Growth Is Being Constrained by Policy Burdens
UK Green Party’s Push for Church-State Separation Sparks Debate Over National Identity
Strategic Island Emerges as Growing Challenge for United States and United Kingdom Defense Planning
Pepsi Pulls Sponsorship from UK Festival Following Backlash Linked to Kanye West
Signs Emerge of Declining Enthusiasm for Social Media in the United Kingdom
Security Alert Raised Ahead of Meghan Markle’s Planned Visit to Australia
UK Food Halls Defy Hospitality Slowdown, Emerging as Bright Spot in Challenging Market
UK Sets Firm Conditions for Military Action, Insisting on Legal Mandate and Clear Strategy
UK Medicines Regulator Launches Probe into Peptide Clinics Over Health Claims
New North Sea Drilling Unlikely to Significantly Cut UK Gas Imports, Analysis Finds
×