Straightjacketing migrant rescuers? The code of conduct on maritime NGOs

Abstract

In July 2017, Italy drafted an EU-sponsored code of conduct aimed at regulating non-governmental migrant rescuing NGOs offshore Libya. The code makes permission for NGO vessels to disembark migrants in Italian ports conditional on collaborating in the fight against smugglers and accepting the presence of law enforcement personnel on board. This article investigates the inception, content and likely consequences of the Code, arguing that most of its provisions are either redundant or counterproductive. As suggested by scholarship on civil–military cooperation and maritime rescuing, the code as it stands would only violate humanitarian principles without increasing existing rescuing capabilities.