Rule of Flaws : Challenges to Revitalizing the International Legal Protection of Search and Rescue Humanitarian Aid Workers Facing Criminalization in the Mediterranean

Sammanfattning: In the latest years, European governments have increasingly criminalized providing support to displaced people. Humanitarian non-governmental organizations (NGO) carrying out life-saving search and rescue (SAR) activities in the Mediterranean Sea have been facing wide obstacles in aiding newcomers, and in many instances have been subject to criminal proceedings. This research attempts to analyse the reasons why maritime sea rescue is equated with illegality. In doing so, it seeks to answer the question, “what are the challenges to reaching legal protection for humanitarian aid workers carrying out search and rescue operations in the Mediterranean when faced with criminalization?” The study argues that humanitarian aid workers (HAW) who have been criminalized as a result of their involvement in maritime sea rescue activities, have to endure many systemic deficiencies. Three layers of interrelated challenges are identified: legal, socio-political, and personal challenges. The study concludes that an independent, quality legal defence; a revisitation of the voluntary nature of the humanitarian exemption clause in the 2002 Facilitation Package; and a larger engagement of civil society actors in changing the narrative and improving the public’s practical knowledge of migration would ensure better protection for humanitarian practitioners involved in search and rescue activities.