When Human Lives Become a Matter of Negotiation: Europe’s Approach to Sea Rescue

This week, a court in Trapani confirmed it once again: the detention of the rescue vessel MEDITERRANEA, operated by the Italian organization Mediterranea Saving Humans, was illegal. In August, the rescue ship entered the port of safety in Trapani with ten rescued people on board – despite the fact that Italian authorities had previously assigned them the port of Genoa. The reason: the people on board were in urgent need of medical attention.

As a consequence, Italian authorities detained the ship based on the so-called Piantedosi Decree – an instrument that has already been overturned in court in at least ten cases. In more than twice as many proceedings, verdicts are still pending.

Anna di Bari, board member of Sea-Eye, explains: “Systematic attempts to put pressure on civil sea rescue are nothing new. But the court decisions make it clear: Italy is abusing the law to deter. Those who save people are criminalised – those who let them die are courted.”

Data from Matteo Villa also show that the former SEA-EYE 4 – now operating as MEDITERRANEA – is particularly frequently affected by criminalization. Its excellent suitability for saving lives has become a disadvantage: by assigning ports that are far away, its missions are deliberately restricted and rescue capacities reduced.

Although MEDITERRANEA has been detained especially often, many other civil rescue ships are also affected. For instance, the Geo Barents, operated by Doctors Without Borders, has already been detained four times – in two of those cases, legal proceedings to clarify the legitimacy are still ongoing. Organizations such as Sea-Watch and Sea-Eye have also repeatedly faced detentions. This demonstrates how systematic these detentions are – and how deliberately rescue efforts in the Mediterranean are being hindered or prevented. The current court ruling once again makes it clear how often these measures are unlawful.

About the Piantedosi Decree

2022: The Beginning of a Restrictive Policy Shift via the Piantedosi Decree:
During a mission in June 2022, the crew of the SEA-EYE 4 rescued around 500 people. During this mission, the first signs of a political shift in Italy became apparent: in December of the same year, for the first time, Italian authorities directly assigned a port during an ongoing rescue operation – a foreshadowing of what the Piantedosi Decree would bring.

The decree obliges rescue ships to head to an assigned – often distant – port immediately after a single rescue, instead of continuing with further rescues. Non-compliance is punished with heavy fines and vessel seizures. A turning point that has severely hampered civilian sea rescue operations.