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IL DOCUMENTO IN CUI CHIEDONO ALL’ITALIA DI “CESSARE LA SUA POLITICA DI RITORNI FORZATI IN LIBIA”, PALESE VIOLAZIONE DELLE NORME INTERNAZIONALI …   FIRME PRESTIGIOSE DENUNCIANO LA POLITICA DI RESPINGIMENTO VERSO UNO STATO CANAGLIA

Ventinove docenti di diritto di varie università  europee hanno firmato nei giorni scorsi una dichiarazione in cui chiedono all’Italia di “cessare la sua politica di ritorni forzati in Libia”, affermando di essere pronti a denunciare il nostro governo alla Corte Internazionale penale e al Consiglio di sicurezza dell’Onu

1. The UN Security Council should be seized to consider   Italy’s actions a threat to international peace and security; to call upon Italy to cease its violations of   international law; and to promote   a coordinated approach to SAR in the Mediterranean which does notinclude exposing rescued persons to the risk of grave human rights violations;
2. Cà’te d’Ivoire, Equatorial Guinea, and Ethiopia —being the the African Union Member States that are currently members of the UN Security Council—whose citizens are directly affected by Italy’s violations of international law, should propose an immediate meeting of the UN Security Council to this end;
3. Statement by 29 academics on Italy seizing the rescue boat Open Arms Italian authorities have seized the Spanish NGO rescue boat ‘Open Arms’ and have initiated criminal investigations against the NGO coordinator and the captain of the boat. The ‘Open Arms’ had refused to hand over to the Libyan coast guard 218 people it had rescued in international waters, while Italy claims that they were obliged to do so, on the basis of the Italian NGO Code of Conduct. Instead, the ‘Open Arms’ brought   two rescued persons to Malta   (where a mother and child were hospitalized in critical   condition), and the remaining to Italy.   The NGO people face prosecution on account of taking part   in human smuggling (Le Monde, 22 March 2018).
Under international law, shipmasters are under the obligation to assist people in distress at sea, and to bring them to a place of safety. The captain of the ‘Open Arms’ has complied with this requirement by rescuing the 218 people and subsequently refusing to hand them over to the Libyan coast guard. On the basis of well documented human rights reports, the captain knew that handing them to the Libyan coast guard would implythe real risk that the 218 people would be subjected to torture, inhuman or degrading treatment, slavery, or forced or compulsory labour, which constitute grave human rights violations or even crimes against humanity. Libya is not a place of safety as required under international law.It is, quite to the contrary, Italy that acts in violation of international law:- Requiring captains of vessels engaged in SAR (regardless of whether they are NGO, European navy orcoast guard, or merchant vessels) to hand over rescued people to the Libyan coast guard exposesrescued people to a real risk of becoming victims ofgrave human rights violations andcrimes against humanity. Italy is responsible for the foreseeable consequences of such requests by its authorities.- Seizing a boat dedicated to SAR activities reduces the capacity available for search and rescue, and foreseeably leads to loss of more lives. Italy isresponsible for the foreseeable loss of life as a consequence of acts by its authorities.
The increasing assertiveness with which Italy exposes people tograve human rights violations and crimes against humanity, and reduces the SAR capacity in the Mediterranean,requires   immediate action of the international community. We point to, and call upon the actors concerned to consider and pursue,the following optionsfor invoking Italy’s responsibility for breaches of international law:Italy should cease its policy of promoting, directing and enforcing returns to Libya with immediate effect, and should cease prosecuting actors who deliver people rescued at sea to a place of safety; In case Italy fails to do so,The   Prosecutor of the International Criminal Court should proprio motuopen an investigation concerning high-ranking Italian authorities   as to their complicity in crimes against humanity taking place in Libya;
4. Each Member State of the Council of Europe should consider filingan inter-state complaint against Italy at the European Court of Human Rights.

PROPONENTS OF THIS STATEMENT:
Prof   Alberto Alemanno
Jean Monnet Professor of European Union Law, HEC Paris; Global   Professor of Law, NYU School of Law in Paris;Director, The Good Lobby
Dr Alexandre Skander Galand— Post- Doctoral Fellow, EUI and University of Oxford
Prof   Andreas Philippopoulos- Mihalopoulos— Professor of Law and Theory, University of Westminster;   Director of The Westminster Law & Theory Lab
Prof   Audrey Macklin — Professor   of   Human Rights , University of Toront
Prof   Bill Bowring — Professor of Law,   Birkbeck College, University of London;   Barrister at   Field Court Chambers, Gray’s Inn
Prof Ciaran Burke — Professor of International Law,   Friedrich -Schiller- Università¤t Jena
Dr Daniel Ghezelbash — Senior Lecturer,   Macquarie Law School
Prof Deirdre Curtin — Professor of European Union Law and Head of Department, European   University Institut
Prof Elspeth Guild— Jean Monnet Professor Ad Personam, Queen Mary University of London   and Radboud University Nijmegen
Prof   Francois Crèpeau—Oppenheimer Professor of International Law, McGill University
Prof Gregor Noll— Professor of International Law, Lund University
Prof Hemme Battjes— Professor of European Asylum Law, Vrije Universiteit Amsterdam
Prof   Iris Goldner Lang—Jean Monnet Professor of European Union Law,   University of   Zagreb; UNESCO Chair on Free Movement of People, Migration and Inter-Cultural Dialogue
Dr Itamar Mann— Senior lecturer,Law School, University of Haifa
Prof James Hathaway— James E. and Sarah A. Degan Professor of Law and Director Program in Refugee and Asylum Law, University of Michigan
Prof Janneke Gerards—Professor of Fundamental Rights Law,Utrecht University
Prof Jenni Millbank—Distinguished Professor of Law, University of Technology Sydney
Prof Marie-Benedicte Dembour— Professorof Law and Anthropology, University of Brighton
Prof Marina Aksenova—Professor of Comparative and International Criminal Law, IE Law School Madrid
Prof Martin Scheinin—Professor of International Law and Human Rights, European University Institute §
Prof Martti Koskenniemi—Professor of International Law and Director, Erik Castren Institute of International Law and Human Rights, University of Helsinki
Prof Morten Kjà¦rum—Director of the Raoul Wallenberg Instituteof Human Rights and Humanitarian Law
Prof Nora Markard—Junior Professor for Public Law, International Law and Global Constitutionalism, University of Hamburg
Prof Philippe De Bruycker—Professor of Law, Universitè Libre de Bruxelles
Prof Thomas Gammeltoft-Hansen—Adjunct Professor of Law, Aarhus University;Research Director Raoul Wallenberg Institute of Human Rights and Humanitarian Law
Prof Thomas Spijkerboer—Professor of Migration Law, Vrije Universiteit Amsterdam; Raoul Wallenberg Visiting Professor of Human Rights & Humanitarian Law, Lund University
Dr Valentina Azarova—Visiting Academic, Manchester International Law Centre, Manchester University
Dr Violeta Moreno-Lax—Senior Lecturer and Founding Director, Immigration Law Programme, Queen Mary University of London; Visiting Professor, College of Europe
Prof Wouter Werner— Professor of International Law, Vrije Universiteit Amsterdam

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