On Thursday, the European Court of Human Rights (ECHR) announced its decision that Italy cannot be held responsible for the conduct of the Libyan Coast Guard in a case involving a 2017 boat disaster in the Mediterranean Sea. This judgment came in response to a lawsuit filed by a group of migrants who were saved from the waters after the accident.
The court, headquartered in Strasbourg, France, dismissed the case by stating that Italy did not maintain “effective control” over the maritime area near Tripoli’s coast, where the ill-fated vessel, carrying approximately 150 individuals, tragically sank. This incident resulted in the loss of 20 lives. Among the survivors, about 45 individuals reported being taken to the Tajura Detention Center in Tripoli, where they experienced physical abuse and mistreatment.
The ECHR’s ruling highlighted that the team aboard the Libyan rescue ship, Ras Jadir, acted on their own accord when they responded to the distress call during the early hours of November 6, 2017. Despite Italy’s ongoing support to Libya, including financial aid, the provision of vessels, and training efforts as part of a strategy to curb migrant crossings, the judges determined that such assistance did not equate to Italy exercising Libya’s public-sector controls.
A humanitarian group, Sea Watch, rescued some migrants from the incident and transported them to safety in Italy. However, a positive verdict for the 14 survivors who initiated the legal challenge could have potentially threatened existing international accords that European Union countries have formed with nations such as Libya and Turkey, aimed at reducing migrant influx to European shores.
The ECHR is responsible for addressing grievances against the 46 member nations of the Council of Europe. Although this intergovernmental body is not linked to the European Union, it was established in the aftermath of World War II to uphold values of peace and democracy. Since Libya is not affiliated with the Council of Europe, the court lacks the authority to judge the Libyan government or its actions.