Italy’s latest decree-law attempts to blind the public to human rights violations and crimes against humanity at sea
We, civil organisations operating aircraft in the central Mediterranean Sea, condemn the recent attacks by the Italian government aimed at obstructing our operations. Under international law, all aircraft enjoy freedom of transit within international airspace and over international waters. Within this framework, we contribute to documenting human rights violations in the central Mediterranean sea, with the aircraft Seabird 1, Seabird 2 and Seabird 3. When we locate persons in distress, the UNCLOS and the Chicago Convention (Annex 12) provide regulations to which we strictly adhere at all times.
The “Flussi” decree-law (Law 145/2024) restricts our freedom of flight and attempts to close civilian eyes monitoring human rights violations and crimes against humanity in the Mediterranean. It imposes conditions that civilian aircraft must comply with during operations – to inform a set of authorities immediately, and to comply with instructions given by rescue coordination centres – which are already implied in international law. As NGOs operating with aircraft, we have been strictly and continuously abiding by the law since the beginning of our operations. However, the Italian authorities can misuse this framework to detain our aircraft and can even force us to abide by illegal orders, disregarding international law and the search and rescue framework. When people are in distress at sea, we are legally obliged to provide assistance, including remaining on-scene in order to relay updated positions to maritime assets. If the Joint Rescue Coordination Centre (JRCC) in Tripoli or a Libyan patrol boat orders us to leave the area, we are then forced by the decree-law to violate the law. International law requires us to stay as long as necessary, while the Italian decree-law dictates that we should leave, or risk aircraft detention and fines upon landing in Italy — even though an Italian court recently confirmed the illegitimacy of the “Libyan Coast Guard” and Joint Rescue Coordination Centre, and despite the fact that we operate in international airspace and waters.
In case of violations, the “Flussi” decree-law establishes fines of up to 10,000€ and detentions of the aircraft for 20 days, 2 months in case of reiterations of a violation and finally, an indefinite confiscation. Without civil eyes over the central Mediterranean, persons in distress are left alone at sea and the public is blind to human rights violations and crimes against humanity. Since rescue authorities continue to refuse communication regarding persons in distress at sea, how will NGO and private vessels be supported to conduct rescue operations? Who will report on shipwrecks and non-assistance by the authorities of European member states, or about violent interceptions by EU-funded Libyan actors?
On 7 August 2025, the NGO aircraft Seabird 1 was unlawfully detained for an operation carried out in June. Despite abiding by the law and our normal standard procedures on 30 June, the Italian authorities now claim that Seabird 1 did not “inform them immediately and as a matter of priority” as per the “Flussi” decree-law. No further details have been provided, thus restricting our right to a fair and proper defense, while also revealing the political motivation behind our detention. Seabird 1 is now hindered from operating for 20 days.
We call upon the Italian state to revoke the detention of the Seabird 1 as well as the “Flussi” decree-law (Law 145/2024). Instead of criminalising the civil society, the Italian state must comply with its duties enshrined in international human rights and maritime law.
First Signatories:
Sea-Watch and Humanitarian Pilots Initiative – operating Seabird 1, Seabird 2 and Seabird 3
Supporting NGOs:
Dakini
European Center for Constitutional and Human Rights (ECCHR)
Fundación Solidaire
MEDITERRANEA Saving Humans
MV Louise Michel Project
Pilotes Volontaires
r42 – Sail And Rescue
RESQSHIP e.V.
SALVAMENTO MARITIMO HUMANITARIO- SMH
Sea-Eye
Seebrücke
SOS Humanity
SOS MEDITERRANEE
United4Rescue – Gemeinsam Retten e.V.
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