“The Dublin regulation and art. 92 Unclos allow it. Those on Humanity 1 cannot be defined as shipwrecked”
“On board Humanity 1 there are no shipwrecked people, but migrants. Especially since the ship in question is equipped and equipped to host them and provide for all their reception needs. In the present case, then, the migrants went up to on board in international waters transshipping from other naval liaison units, called feeder, and therefore the qualification of ‘castaway’ is not legally suited to them, which would instead apply under the SAR regime (Search and Rescue – ed) “. Thus intervenes on Linkedin, on the case of Humanity 1, the seafarer Giuseppe Loffreda, recognized by Chambers & Partners among the best Italian experts of recent years, already partner of the law firm Gianni & Origoni and founder in 2021 of Legal4Transport, a network of qualified professionals and experts in navigation and transport law, related infrastructures and complementary services.
“Nothing would exclude for the purposes of the asylum request, the application of the Dublin Regulation on board NGO ships, and in particular Article 13, which attributes the competence to examine the application for international protection to the Member State whose border has been crossed by the applicant from a third country. And the border is – the jurist points out – in the case of ships, represented by the ship itself. This is based on Art. 91 (genuine link between ship and EU country of flag) and Art. 92 (full jurisdiction of the EU country of flag aboard its ships in international waters) of #Unclos “.
“The commander of the ship, being a public official of the flag state, could receive the applications from asylum seekers and forward them (for example via e-mail) to the competent authorities of the EU flag country. There is already a precedent; it is the ship. Spanish NGO “Open Arms”, which allegedly collected migrants’ asylum requests on board. It was 2020. The protection of human life at sea is always safeguarded – concludes Loffreda – and therefore the right of the ship to direct to a nearby landing place in case of emergencies “.