Adele Del Guercio

Il caso della "Sea-Watch 3" tra obblighi di diritto del mare, diritti umani e tutela dell'infanzia

  • Abstract

Informations and abstract

Keywords: Duty to Render Assistance; Place of Safety; Jurisdiction; Principle of Non-refoulement; Detention; Unaccompanied Minors.

This article focuses on the affair of the Sea Watch 3, a ship that, after rescuing forty-seven people in distress at sea, including fifteen minors, was blocked in Italian territorial waters for more than ten days, with the survivors forbidden from disembarking. Different profiles of the facts are analyzed, starting from the relevant obligations associated with international maritime law, and the question of the disembarkation in a place of safety. We then try to verify whether the naval blockade ordered by the Italian authorities, which forced the boat to moor in front of the port of Syracuse for more than ten days, can be considered a deprivation of freedom of the people on board. Finally, the investigation focuses on how far the Italian authorities' treatment of unaccompanied minors complies with the international, European and national obligations to which Italy is bound.

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