Italy’s top court backs Meloni’s crackdown on NGO ships

ROME – Italy’s Constitutional Court ruled on Tuesday that the administrative detention of NGO rescue ships under the Italian government’s controversial migration decree is constitutional.

The decision reaffirmed the legality of the strict measures imposed by Prime Minister Giorgia Meloni's government to regulate migrant rescue operations in the Mediterranean. The policy has sparked significant debate about the balance between humanitarian obligations and national sovereignty.

The case was brought by SOS Méditerranée after its vessel, the Ocean Viking, was detained in early 2024 for allegedly failing to follow orders from Italian authorities.

The Ocean Viking had carried out three separate rescue operations in international waters off the Libyan coast, saving 261 people.

Under the Italian government's decree, the ship was expected to perform only one rescue before heading directly to the assigned port.

Since its introduction, the decree has been criticised by SOS Méditerranée and other humanitarian groups, who argue it violates international maritime conventions.

While the Court reaffirmed that saving lives at sea is a duty, it rejected claims that the decree allowing the detention of the NGO ship violates the Constitution. 

In its decision, the Court stated that the rules clearly define what is lawful and unlawful, preventing arbitrary enforcement. The detention of ships is considered a punitive measure, but one that is neither disproportionate nor unreasonable.

(aw)