V4 Report: Italy ?? must deny entry…and they can.
This article from DW News tackles the question: Is Italy’s closure of its ports to a ship carrying migrants rescued at sea illegal?
The European nation states must make it clear to Brussels that they have the right as independent nations to defend their borders and their people. Like Australia ??, Europe must call the bluff of the “international bureaucrats” to regain control of its own borders.
– The United Nations Convention on the Law of the Sea (UNCLOS) stipulates that captains are obliged to rescue anyone in distress at sea. But the law is not clear on what happens after the shipwrecked are in safety, said Stefan Talmon, a law professor at the University of Bonn. The UNCLOS says little about shipwrecked migrants in particular.
As Talmon says, “This is a legal lacuna that has been known for years. Rescuing those in distress is obligatory. Taking them in is not.”
Talmon recalls a situation in 2001 when a freighter saved over 400 Afghan migrants in the Indian Ocean. But when the ship reached Australian waters, Australia refused to let the refugees into the country. Other nations similarly refused to let the ship disembark. Then, after several days had passed, the freighter was directed to the island country of Nauru, where Australia runs a controversial refugee detention center.
(In other words, Australia took action that defied the so-called “international society” and, as a result, stopped illegal entries by sea.)
– Revising the UNCLOS is difficult. “Many states like Australia or the US do not want to be legally obliged to take in shipwrecked migrants,” said Talmon, adding that there is also disagreement over whether they must even be brought to a port.
The law merely stipulates that rescued individuals must be brought to a “safe place,” Talmon said. Whether that means bringing them to land, to a larger ship or an inflatable life raft, is not clearly defined.
Talmon says non-EU ports in the Mediterranean, for instance in Tunisia and Egypt, also count as safe places. What’s more, rescue ships operating in international waters do not fall under the jurisdiction of any states, meaning that, for example, the European Convention on Human Rights does not apply.
** As we have said before, this is a national security issue to be decided by Italy, not the UN or EU, which continue to try to hold the European nation states hostage with unrealistic demands that prevent them from securing their borders.
Italy will determine what course they take with Libya, not the EU Commission. Brussels can do little to stop it.
Italy and others must call their bluff, not only for the benefit of Italians, but for all Europeans as well.