Immigrazione via mare

Non-refoulement, Legge 110/2017, Memorandum d’Intesa Italia-Libia e rischio di tortura

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Abstract

The essay examines the national and international legal framework which regulates the rescue activities at sea, the principle of non-refoulement in the light of the jurisprudence of the European Court of Human Rights and the introduction of the crime of torture in Italy. In this context, the Memorandum of Understanding between Italy and Libya of 2 February 2017 is - in relation to the situation in Libya - in violation of the obligation to rescue at sea and the principle of non-refoulement.


open access | peer reviewed

Submitted: March 5, 2019 | Accepted: April 5, 2019 | Published Dec. 6, 2019 | Language: it

Keywords Non-refoulement • Rescue obligation • Immigration by sea • Memorandum Italy-Libya • Torture

Copyright © 2019 Monica Gazzola. This is an open-access work distributed under the terms of the Creative Commons Attribution License (CC BY). The use, distribution or reproduction is permitted, provided that the original author(s) and the copyright owner(s) are credited and that the original publication is cited, in accordance with accepted academic practice. The license allows for commercial use. No use, distribution or reproduction is permitted which does not comply with these terms.

Permalink http://doi.org/10.30687/978-88-6969-358-8/016


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