A Duty to Rescue - A Criminal Law Perspective on the Failure to Assist Migrants in Distress At Sea Srovin Coralli, Ana Author aut (orcid)0009-0006-0937-0982 Manganini, Irene Author aut (orcid)0009-0002-8243-4891 Abebe, Fekade Author aut (orcid)0000-0001-8323-5275 Text xx# 2023 Verfassungsblog 2023-12-20 eng
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 Reports of migrants drowning in the Mediterranean have, unfortunately, become more and more frequent in recent years. A recently published MSF report has highlighted the role ‘pushbacks and systematic non-assistance to those at risk of drowning proliferate’ play in this regard. The report refers specifically to two events that happened in 2023 in which national authorities failed to launch rescue operations despite receiving the information on migrants in distress at sea hours before the tragedy. In this blogpost, we assess whether a coast guard’s failure to act in situations of migrants in distress might violate an incumbent criminal law duty to rescue. We map the core elements of the duty to rescue under criminal law and how they might apply to such a chain of events, using the abovementioned event of 14 June as an example. CC BY-SA 4.0 Srovin Coralli, Ana Criminal Law duty to rescue migrant deaths pushbacks Sea Rescue 342 https://verfassungsblog.de/a-duty-to-rescue/ Verfassungsblog 2366-7044 Max Steinbeis Verfassungsblog gGmbH 10.59704/cb1905b3bfd6ef52 231220 10.59704/cb1905b3bfd6ef52 Converted from MARCXML to MODS version 3.7 using MARC21slim2MODS3-7.xsl (Revision 1.140 20200717)