Autore
Pifferi, Ilaria

Titolo
La politica di "pull-back" italo-libica al vaglio della Corte europea dei diritti umani: sulla decisione "S.S. e altri c. Italia"
Periodico
Diritti umani e diritto internazionale
Anno: 2025 - Volume: 45 - Fascicolo: 3 - Pagina iniziale: 605 - Pagina finale: 632

In the recent case of "S.S. and Others v. Italy", the European Court of Human Rights was called upon to rule on Italy’s responsibility, in light of the relevant provisions of the European Convention on Human Rights, for violations perpetrated in the context of the Italian-Libyan pull-back policy along the central Mediterranean route. The Strasbourg Court had to assess whether Italy’s involvement in rescue operations conducted by the Libyan Coast Guard – especially through the technical, financial and operational support provided by Italy to the Libyan Government under the "Memorandum" of Understanding of February 2017 – was sufficient to establish a 'jurisdictional link' with the defendant State, so that it could be called to answer before the ECtHR for the human rights violations perpetrated in that context. Following an examination of the legal and socio-political framework of the ruling – namely, the new practice of outsourcing European maritime border controls, with a focus on the pull-back measures adopted under the Italian-Libyan "Memorandum" of Understanding – this paper aims to examine the argumentative path followed by the ECtHR in dealing with the case in question, which focused essentially on the issue of jurisdiction (and the extraterritorial application of the Convention). The ultimate goal is to outline the dictum of the decision and assess its impact on current strategies for managing migration by sea, characterised by an increasingly widespread state practice of circumventing relevant obligations to protect human rights in the context of search and rescue operations at sea.



SICI: 1971-7105(2025)45:3<605:LPD"IA>2.0.ZU;2-I
Testo completo: https://www.rivisteweb.it/download/article/10.12829/119530
Testo completo alternativo: https://www.rivisteweb.it/doi/10.12829/119530

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