The ultra-right Italian government under Giorgia Meloni continues its crackdown on civil search and rescue. Today, on December 4, 2024, the Italian Senate decided about a change in law, which will lead to civil rescue ships being detained and seized much faster than before. Moreover, the amendment renders the constitutional principle of personal responsibility for administrative or criminal charges obsolete in the Mediterranean. The legal changes come just weeks after the sea rescue organization Sea-Watch filed a lawsuit against Italian authorities for negligent manslaughter at sea.
The civil rescue organization Sea-Watch sharply criticizes the new amendments to the infamous Piantedosi law. Initially, the Piantedosi law stipulated that rescue organizations face detentions for up to 60 days when ship crews are accused of not complying with instructions by Italian authorities – even if these instructions violate international law. This was the case, amongst others, when rescue ships were ordered to a harbour after their first rescue, even if other boats in distress were in vicinity. Authorities thereby force ship crews to violate their duty to render assistance. According to the Piantedosi law, after multiple detentions, the vessels will be seized.
The new amendments make the apparent breaches now not only dependent on the captain of the vessel, but a repeated violation is determined when the same vessel breaks the law, and the captain or owner of the ship has already been found guilty of a previous violation within the last five years. This implies that, whereas previously only the captain was considered responsible for any potential transgression, now the shipowner or operator will also be held accountable. Therefore, the amendment renders the constitutional requirement that criminal or administrative sanctions be subject to the principle of personal responsibility obsolete in the Mediterranean.
In the last two years, the detention of sea rescue vessels has become a frequent occurrence. In 2023, 8 civil ships were blocked a total of 11 times by Italian authorities. The new amendment will now lead to the ships being confiscated after shorter times. What sounds like a technical change is actually a fundamental threat to civil sea rescue. Because without ships, there can be no rescues.
The amendment only comes weeks after Sea-Watch filed a criminal complaint against Italian authorities for negligent manslaughter at sea. On September 2, 2024, a ship with 28 people capsized. Although the unseaworthy boat had been spotted hours before the shipwreck by the Sea-Watch aircraft Seabird and the Italian authorities had been informed, rescue measures were not taken until two days later. 21 people drowned.
Sea-Watch spokesperson Giulia Messmer comments: “At sea, civil rescue is the last line of defense against state violence. The new amendments are a death sentence in disguise. But we won’t back down, Italy cannot detain the truth about its crimes.”
