Exploring the ambiguity of operation sophia between military and search and rescue activities

Abstract

Over the past decade, for the purpose of managing the phenomenon of migration by sea, a wide number of different measures have been adopted by the European Union and its Member States. Notwithstanding the persistent need and the legal obligation to save people’s lives at sea, Europe remains stocked on the protection of the security of its internal and external borders and goes ahead with the launch of Eunavfor Med–Operation Sophia, the first naval mission aimed to disrupt the business model of migrant smuggling and human trafficking in the Mediterranean. The following chapter examines the factual and legal background behind the establishment of this military mission and focuses on two sensitive and interrelated aspects: the use of enforcement powers against alleged smugglers and traffickers on the one hand and the rescue of irregular migrants at sea on the other hand. While various challenges prevent the activation of the crucial military phase of Operation Sophia, the operational and legal framework applicable to incidental search and rescue interventions carried out by its naval forces appears rather unclear and problematic under different perspectives of international law, especially if the Operation will continue into Libyan territorial waters in cooperation with its unstable authorities.