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The Smuggling Protocol and the Criminalization of Humanitarian Activities at Sea

In: Brill Research Perspectives in Transnational Crime
Author:
Laura Salvadego
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Online Publication Date:
06 Dec 2021
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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.

Title:
The Smuggling Protocol and the Criminalization of Humanitarian Activities at Sea
Article Type:
Review Article
DOI:
https://doi.org/10.1163/24680931-12340026
Language:
English
Pages:
98–108
Keywords:
Smuggling Protocol; crime of facilitating illegal immigration; Open Arms; Sea Watch 3
In:
Brill Research Perspectives in Transnational Crime
In:
Volume 3: Issue 4
Publisher:
Brill
E-ISSN:
2468-0931
Print ISSN:
2468-0923
Subjects:
International Law: Regional Perspectives, International Law

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