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The Smuggling Protocol and the Criminalization of Humanitarian Activities at Sea

于Brill Research Perspectives in Transnational Crime
著者:
Laura Salvadego
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Abstract

This paper focuses on some recent events of criminalization of humanitarian activities at sea in Italy, and precisely the Open Arms and the Sea Watch 3 cases. It is stated that criminalization of humanitarian activities at sea is largely due to a substantial ‘implementation gap’ between the Smuggling Protocol and the current EU legal framework on people smuggling, that is the so-called ‘Facilitators’ Package’ of 2002. It is further contended that legal certainty requirements make legislative reform necessary in Italy to prevent the criminalization of humanitarian activities at sea.

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