Riflessioni sulla liceità di recenti prassi e regole nazionali in tema di soccorso in mare

Since the end of 2022 the Italian Government has authorized NGOs vessels which had rescued migrants in the high seas to disembark them into Italian ports much more distant than those usually provided up to that date. Meanwhile in 2023 the Italian Parliament adopted the Law No. 15/2023 – converting the governmental Law Decree No. 1/2023 – imposing several conditions that private vessels conducting rescue operations at sea systematically must respect to be authorized to enter the Italian territorial sea and access into the Italian ports in order to disembark migrants rescue at sea. Both the practice to designate ports farer than those rescue boats can easily reach and the conditions rescue vessels must respect to be allowed to enter the Italian ports are not in conformity with international obligations Italy must respect and raise its international responsibility. Furthermore, Law No. 15/2023 might also be declared contrary to Article 117 of the Italian Constitution.