Italian Deputy Prime Minister Matteo Salvini, leader of the League party, has been definitively acquitted in the contentious case surrounding the Open Arms rescue ship. Salvini was accused of kidnapping and dereliction of duty for preventing 147 migrants rescued at sea from disembarking in 2019. The Court of Cassation, Italy’s highest court, confirmed a previous ruling from Palermo, closing the case.
Salvini proclaimed “Defending borders is not a crime” on social media, framing the case as central to his party’s platform against irregular immigration. Óscar Camps, director of Open Arms, countered that the decision was “not a technical one, but a political one.”
“Justice has not been done today, but impunity has been built,” Camps stated. “Saying there is no crime when a minister blocks people rescued at sea for days means legitimizing the use of human suffering as a political instrument. What happened today is worrying for the rule of law.”
The Standoff
The situation unfolded in August 2019, when Salvini was Minister of the Interior in the government of Giuseppe Conte. He initiated a policy of “closing ports” to NGOs rescuing migrants in the Mediterranean Sea, and the Open Arms became a focal point. For 19 days, Salvini blocked the ship from landing 147 migrants off the island of Lampedusa. Conditions on board deteriorated, with reports of only two bathrooms, all passengers sleeping on the floor, 13 people jumping into the water, and 27 minors being evacuated before the Agrigento prosecutor intervened and ordered the migrants ashore, launching an investigation.
The trial sparked significant debate regarding the rights of rescued migrants, the role of NGOs operating in the Mediterranean, and the authority of governments to control arrivals. This debate remains relevant as the current government led by Giorgia Meloni continues to pursue a strict approach to irregular immigration.
Camps believes the ruling sets a dangerous precedent: “It not only erases the past, but also authorizes the future. It authorizes other governments to close ports, to hold people on ships. We will continue in the sea, they will continue in the palaces: history will judge those who are on the right side.”
The court determined that Italy had no legal obligation to provide a port to the vessel, assigning that responsibility to Spain, as it was the first country the ship contacted after the rescue operation. However, the judges acknowledged that international regulations regarding rescues at sea are outdated, particularly as they fail to address the role of NGOs. These regulations, they noted, are “40 years old” and reflect a “completely different geopolitical context.”
The court suggested that updated international rules are “desirable, and surely not postponable any longer,” emphasizing the need for cooperation and solidarity among nations in handling maritime rescues and assisting survivors. Salvini’s acquittal rested on the “vagueness” of existing international precepts, which did not explicitly require him to grant the Open Arms access to an Italian port.
Frequently Asked Questions
What was Matteo Salvini accused of?
Matteo Salvini was accused of kidnapping and dereliction of duty for preventing 147 migrants rescued at sea by the Open Arms ship from disembarking in Italy in 2019.
What did the court decide?
The Court of Cassation definitively acquitted Salvini, confirming a previous ruling. The court determined that Italy had no legal obligation to allow the ship to dock, assigning that responsibility to Spain.
What is the significance of this ruling?
The ruling is seen by some as legitimizing the use of migration control as a political tool and potentially encouraging other governments to adopt similar policies. Others view it as a consequence of outdated international maritime law.
Given the current political climate and the ongoing debate surrounding migration, it is possible that this ruling will embolden governments to pursue stricter border controls. Further legal challenges regarding the responsibilities of states and NGOs in rescue operations are also likely. The need for updated international agreements on maritime rescue may become increasingly urgent.
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