Court Sides with Italy in Mediterranean Migration Dispute

A recent European Court of Human Rights decision has significant implications regarding Italy’s involvement with the Libyan Coast Guard in the Mediterranean. The ruling addresses the complicated relationship between Italy and the LCG, particularly concerning the treatment of migrants attempting to reach Europe from North Africa.

The Court’s Decision

The European Court of Human Rights dismissed a case brought by survivors of a 2017 shipwreck in the Mediterranean. The plaintiffs accused Italy of responsibility for the incident, citing the country’s financial and logistical support of the Libyan Coast Guard. The court determined that Italy did not have extraterritorial jurisdiction in the matter.

“The Court found that the criteria for concluding that a State Party had exercised extraterritorial jurisdiction (…) had not been met in the circumstances of the case,”

—Court Decision

The case involved approximately 150 migrants intercepted by the Libyan Coast Guard and returned to Libya. About twenty people died during this event. The survivors argued that Italy’s backing of the LCG made it accountable for the tragic outcome.

The Controversial Partnership

Italy, along with the European Union, has provided substantial funding, equipment, and training to the Libyan Coast Guard. This assistance has been in place for several years. Critics argue that this support has effectively enabled the LCG to intercept migrants. They are then returned to Libya, where they face severe abuse.

Many observers suggest the EU is indirectly paying Libya to manage its migration issues. They allege this arrangement facilitates the forced return of people to dangerous conditions. The EU, however, maintains that its support for the LCG aims to manage migration safely. In 2023, more than 3,100 people were reported dead or missing in the Mediterranean Sea (IOM).

Implications and Outlook

The court’s decision bolsters the EU’s stance that the LCG does not operate at its behest. It may also reduce pressure on EU policymakers to change this partnership. NGOs and other advocacy groups have long contested the EU’s relationship with the LCG, citing human rights concerns.