Search and Rescue Operations of Migrants in the Mediterranean: The International Responsibility of Italy for Outsourcing Migration Management to Libya

Abstract

This research paper investigates Italy’s international responsibility regarding the outsourcing of migration management, focusing on search and rescue operations in the Mediterranean and the subsequent return of migrants to Libya. Through a detailed legal analysis, the study highlights human rights violations stemming from bilateral agreements, particularly the 2017 memorandum between Italy and Libya.

The research examines two main aspects: the factual background and the legal framework. First, it analyzes European migration policies in the Mediterranean, the human rights situation in Libya, and the impact of the memorandum on border management and detention centers. Second, it relies on Article 16 of the International Law Commission’s Articles on State Responsibility to explore how Italy may be held accountable for aiding and assisting the Libyan government in committing acts contrary to international norms.

The study concludes that outsourcing migration controls to unsafe third countries, such as Libya, violates Italy’s international human rights obligations. It emphasizes the urgent need for an effective legal response to prevent such violations and safeguard migrants' rights.

Keywords: italy, libya, human rights, migration, Mediterranean, migration management, Search and rescue operations, border control, Memorandum of Understanding, Italy–Libya agreement, State responsibility, Article 16 ILC, ASR, Human rights violations, Detention of migrants, Migrant return practices, International human rights law, state responsibility, European migration policy, EU, third countries, intent, Bilateral agreements