London Daily

Focus on the big picture.
Wednesday, Oct 07, 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
Laura Trott Pledges Tighter Controls on Political Activism in UK Classrooms
Welsh Ministers Launch Long-Term Review of North Wales and Anglesey Crossings
Welsh Government Orders 18-Month Study of Road Solutions Around Newport
Reform UK MP Sarah Pochin Faces Scrutiny Over £800,000 Second Home Purchase
British Households Grow More Concerned About Fuel and Energy Prices
NHS Leaders Warn of Rising Winter Pressure on Emergency Departments
Kemi Badenoch Proposes £2.3 Billion Employer National Insurance Cut for Young Workers
Middle East Conflict Could Erase UK Fiscal Headroom, Economists Warn
Manchester City Found Guilty of Multiple Premier League Financial Rule Breaches
UK Security Services Find Strong Indications of Iranian Role in RAF Fairford Incident
Costa Coffee Returns to Operating Profit on Iced Drinks and Menu Changes
Asos Warns Customers After Unauthorized Access to Retail App and Data
Kemi Badenoch Puts Growth and Deregulation at Center of Conservative Conference
Campaigners Warn of Deepening Social Care Crisis for Disabled Adults
Study Finds Rising Early-Onset Cancer Rates Among Adults Under 50 in Britain
UK Coach Operators Warn High Diesel Prices Could Force Route Cuts
FCA Opens Independent Review Into Handling of Epstein-Linked Whistleblower Case
Argentina Vows to Block Falkland Islands Offshore Oil Development
UK Chancellor Prepares Fiscal Measures and Welfare Reforms Ahead of Autumn Budget
Sainsbury’s and Morrisons Explore Potential Multi-Billion-Pound Merger
UK Weighs Tariffs on Chinese Electric Vehicles to Align With European Union
UK Threatens Diplomatic Expulsions Over Planned Closure of East Jerusalem Consulate
UK Energy Price Cap Hits Three-Year High as Middle East Conflict Raises Costs
Seventh Arrest Made in Suspected Terror Plot at RAF Fairford
Systemic Education Collapse Sparks Mass Student Uprisings in France
Green Party Faces Backlash Over Resolution Equating Zionism With Racism
Conservatives Debate Scrapping Environmental Rules for New Homes
Cornwall Insight Warns UK Energy Bills Could Approach £2,000 This Winter
UK Coach Operators Warn of Service Cuts as Diesel Prices Exceed £2
Scottish Parliament Approves £68 Billion Budget With New Tax and Property Measures
FCA Opens Independent Review Into Handling of Epstein Whistleblower
UK Government Drops Plan to Suspend Jury Trials in England and Wales
Bank of England Holds Interest Rate at 3.75% as Markets Watch November
Two Iranian Nationals Charged Over Alleged Plot Targeting Manchester Jewish Community
UK Fiscal Headroom Halves to £11 Billion Ahead of Budget, EY Warns
US Bomber Withdrawal From RAF Fairford Prompts UK Security Review
Sarah Wakfer Appointed Chair of Northern Ireland’s Health and Care Regulator
Scotland Housing Completions Fall to 11-Year Low Amid National Shortage
UK Water Companies Face Tougher Oversight and Unannounced Regulatory Inspections
Middle East Conflict Pushes UK Fuel and Wholesale Energy Prices Higher
Andy Burnham Raises Prospect of Second Brexit Referendum in Review of UK-EU Relations
EY Warns UK Fiscal Headroom Has Halved to £11 Billion Ahead of Autumn Budget
BT Accused of Pressuring Vulnerable Customers During Digital Landline Shift
British Carmakers Warn of Growing Pressure From EU-China Tariff Dispute
Green Party of England and Wales Adopts Motion Defining Zionism as Racism
Medical Charity Threatens NHS Legal Action Over Two-Year Autism and ADHD Assessment Waits
British Transport Police Report Record Rise in Violence on Railways
Glasgow Council Workers Face Pay Cuts Under Fire-and-Rehire Plan
British Medical Groups Press Prime Minister Andy Burnham to Cancel £330 Million Palantir NHS Contract
UK Faces Record Bluetongue Outbreak Across Livestock Farms
×