Tess Barthes / SOS MEDITERRANEE
SOS MEDITERRANEE welcomes the recent decision of the Court of Chieti in Italy, which fully annuls the 20-day administrative detention imposed on the Ocean Viking in November 2023, together with the related fine and all associated sanctioning measures.
On 15 November 2023, Italian authorities detained the Ocean Viking in Ortona for 20 days and imposed a financial penalty under Decree Law No. 1/2023, known as the “Piantedosi Decree”. The case relates to a rescue operation conducted on 11 November 2023 in the Libyan Search and Rescue Region, during which our rescue ship rescued 34 people from a boat in distress after repeated unsuccessful attempts to obtain effective coordination from the Libyan maritime authorities.
In its first instance decision, the Court clearly confirmed that the Ocean Viking’s rescue operation was lawful, and that the captain “was faced with the necessity to intervene without delay” to protect human life. It also underscored the absence of effective coordination by the Libyan authorities, recognizing that the Ocean Viking was “the only vessel to intervene” to fulfill the duty to rescue at sea.
The judgment also reaffirmed that international maritime obligations under the UNCLOS, SOLAS and SAR Conventions prevail when human lives are at risk, and that sanctions cannot be imposed where state coordination is absent or inadequate. The decision recalls the Italian Constitutional Court’s ruling n°101/2025, which confirmed that national laws on sea rescue must comply with international law. In other words, no national law can be in contrast with the duty of saving lives at sea.
“This ruling confirms what we have consistently stated since November 2023: the Ocean Viking acted in full compliance with international maritime law and in the clear fulfilment of its maritime obligations,” said Soazic Dupuy, Director of Operations at SOS MEDITERRANEE. “Humanitarian rescue organisations must never be penalised for doing what authorities fail to do: ensuring timely and effective rescue for people in distress.” she concludes.
2026 is already among the deadliest years of the last decade. People continue to go missing at sea while the Italian government doubles down on efforts to prevent Search and Rescue NGOs from operating. This week, the Senate began discussing a new migration package that includes Provisions aimed at preventing Search and Rescue NGOs from entering Italian waters, yet another attempt to obstruct lifesaving operations.
On Saturday 16th, the captain of the Sea-Watch 5 was accused of facilitating irregular migration after completing a rescue operation following which the Libyan Coast Guard opened fire.
Despite repeated court rulings confirming the legality of civil rescue operations, Search and Rescue NGOs continue to face legal and administrative harassment for saving lives at sea. People in distress cannot wait for justice while lifesaving assistance is obstructed for political purposes.
