Staters skyldighet att skydda mänskligt liv på Medelhavet i ljuset av principen om non-refoulement

Sammanfattning: The usage of pre-border control in order to prevent migration flows outside a state’s territory is a common phenomenon. Extraterritorial migration regulation and management is a top priority within the EU today and often settled through different kinds of bilateral agreements between receiving states and third countries. The results of these agreements, that allow interception of migrant boats in the Mediterranean Sea and different kinds of push-back measures, are however deeply concerning. Due to the violations of human rights and abuses of migrants in Libya the UNHCR has underlined that the country cannot be considered a safe place for the disembarkation of these people. In light of the state responsibility to protect human life at sea and respect the prohibition of refoulement, these extraterritorial measures may constitute violations of international refugee law and human rights law. The aim of this essay is to explore the extent of the principle of non-refoulement with regard to the obligation of states to rescue people in distress at sea and deliver them to a place of safety. In particular I examine the possible ways of extra-territorial jurisdiction in the high seas to determine whether states can be held responsible for returning – or more commonly in recent years for providing financial, technical and operative support in order to return – migrants to Libya. The study shows that Italy, through its cooperation with the Libyan coastguard, may be in breach of the principle of non-refoulement despite the lack of direct and physical control over the people concerned. Further it affirms that the prohibition on refoulement may have substantial significance in the assessment of the concept “place of safety”.