Italian Constitutional Court reinforces maritime law

While the ruling allows continued administrative detention of rescue ships under the decree, the Court also made clear: 

• the orders should be compliant with international laws and regulations  
• any order conflicting with the fundamental duty to save lives is not legally binding, and refusing to comply cannot be punished.

This challenges past detentions based on unreliable claims by the Libyan Coast Guard, and affirms that humanitarian vessels not only have the right, but the duty, to disregard unlawful orders. Italian courts must now respect that duty. 

Every day at sea, we witness how these legal principles are ignored. Orders we receive contradict international laws and regulations, conflicting with the fundamental duty to save lives.

The Court decision reinforces our stance and provides firmer legal ground for civil organisations like ours to continue challenging the unlawful detention of humanitarian ships – efforts that SOS MEDITERRANEE has consistently pursued. However, challenging these unlawful detentions takes time, money and most importantly prevents us from being at sea to save lives.  

SOS MEDITERRANEE is facing eight legal proceedings over unlawful detentions and fines. These cases reflect ongoing obstruction. Even while at sea, our operations are under constant legal threat. Justice moves slowly and rescue cannot.

While proceedings are being handled at justice level, arbitrary detention is ongoing and the ship cannot leave port leaving a gap at sea, putting lives of people at greater risk and undermining the duty to rescue.

We now just hope that this ruling decision will lead public administration and national judges to apply the Piantedosi Decree properly in accordance with Maritime law as clearly stated by the Constitutional Court for the first time in history and that the obstruction of humanitarian rescue operations will finally come to an end.