Navigating Troubled Waters

UpRights and StraLi have published the report “Navigating Troubled Waters: Italy’s Human Rights Dilemma in the Mediterranean”, available in English.

The report sheds light on human rights violations resulting from the implementation of the Memorandum of Understanding (MoU) signed between Italy and Libya. It is based on our communication to the International Criminal Court (ICC) under Article 15, requesting an investigation into international crimes committed by Libyan armed groups against migrants after their interception at sea and subsequent return to Libya.

The Memorandum: A Closer Look

On the occasion of the seventh anniversary of the signing of the Memorandum, the report delves into its negative impact on human rights, calling for a critical review and emphasizing the urgent need for a reformulation of Italy’s cooperation practices with Libya.

Silently renewed for the last time in February 2023, the MoU has increased Libya’s capacity to intercept migrants and asylum seekers at sea. However, the lack of provisions regarding human rights in the agreement has had severe consequences on the fundamental rights of migrants and asylum seekers, who have suffered mistreatment, including arbitrary arrests, torture, inhumane treatment, and sexual violence.

Italy’s Responsibilities

We argue that such violations make Italy’s position, and consequently the MoU itself, unsustainable, placing Italy in violation of its human rights obligations through its policy of border outsourcing.

Indeed, the conduct of Libyan authorities exposes Italy to liability for violations of several international conventions, including the United Nations Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT), the International Covenant on Civil and Political Rights (ICCPR), and potentially the European Convention on Human Rights (ECHR).

The material support provided by Italy could also imply criminal responsibility for Italian authorities who assist the Libyans, potentially qualifying as war crimes or crimes against humanity.

Call to Action: Rethinking Italy’s Cooperation Strategy

The report calls for a reconsideration of Italy’s cooperation strategy with Libya, proposing two options to ensure compliance with international legal obligations:

  1. Introduction of a human rights clause: This clause should specify that the respect for human rights and international humanitarian law is essential. We propose the establishment of an independent body to monitor compliance, a list of measures to limit human rights violations, and a legal framework to ensure effective access to justice.
  2. Suspension of the Memorandum: If it is not possible to introduce amendments consistent with human rights, we believe it is necessary to terminate or suspend the MoU. Violations by Libyan authorities could justify such actions under Article 60 of the Vienna Convention on the Law of Treaties, providing leverage for negotiations on amendments that align with international obligations.

Towards Genuine Centrality of Human Rights

In light of the horrors faced by migrants in the Mediterranean, we urge Italy to amend its policies to ensure adherence to international human rights standards. We aim to foster constructive dialogue and tangible actions to ensure the protection of migrants’ rights and uphold Italy’s commitment to its international obligations.

It is time for Italy to navigate these troubled waters with a renewed focus on human rights.

[Button to download the report]

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