Refoulement As A Crime - Insights from the Asso28 Push-Back Case
Zirulia, Stefano
Author
aut
Text
xx#
2024
Verfassungsblog
2024-04-02
eng
Last month, the Italian Court of Cassation upheld the (suspended) sentence of one year’s imprisonment of the shipmaster of the Italian ship Asso28. He was convicted of two offences of abandonment for returning and handing around 100 migrants over to the personnel of a Libyan patrol boat, including some unaccompanied minors and pregnant women, whom he had previously rescued in international waters within the Libyan SAR zone. The case constitutes the first time an individual was held criminally responsible for failing to fulfil the duty of non-refoulement. Until recently, the refoulement duty has only served to exclude the liability of shipmasters who had complied with it whenever they were accused of facilitating irregular immigration. This case indicates the emergence of a new function of the principle, namely that of grounding the criminal liability of those who violate it.
CC BY-SA 4.0
Zirulia, Stefano
Criminal Law
crimmigration
Italy
Libya
Non Refoulement
pushbacks
solidarity offense
342
https://verfassungsblog.de/refoulement-as-a-crime/
Verfassungsblog
2366-7044
Max Steinbeis Verfassungsblog gGmbH
10.59704/8076c3ff55f10452
240402
10.59704/8076c3ff55f10452
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