A double bind: Malta and the rescue of unwanted migrants at sea, a lega-anthropologica-perspective on the humanitarian law of the sea

Abstract

This paper discusses research results from anthropologica-fieldwork carried out in Malta in 2007. The island, which is situated in the centra-Mediterranean Sea between Tunisia, Libya and Italy, is a foca-point regarding the continuing refugee situation. One of the research aims was to investigate the situation at sea concerning Search and Rescue (SAR) operations for migrants and refugees crossing the Mediterranean by boat. In the year 2006, 556 missing and drowned migrants were registered in the centra-Mediterranean between Libya, Malta and Italy, this number increased to 642 in 2008.1 The goa-of the research in Malta was therefore to understand why an increasing number of migrants were dying at sea and what role the European security forces play in this context.After introducing the research perspective of this article, background information concerning migration movements in the Mediterranean Sea between Libya, Italy and Malta in recent years is provided. Due to European regulations, which are considered unfavourable for the island, and its population density, Malta feels under pressure from migrants arriving by boat across the Mediterranean. Different concepts regarding a 'place of safety' to disembark rescued boat migrants are debated. The ambiguities in the responsibilities cause problems for the captains who rescue migrants in distress at sea. These ambiguities may in turn lead to a weakening of the SAR regime. Following discussion of the lega-and politica-quarrels on the place of safety, the SAR operations at sea of the Armed Forces of Malta is analysed. The findings show that it is not merely a case of enforcing lega-norms created by internationa-law. The process is much more complex: lega-gaps are filled by regiona-actors, through informa-or even illega-practices, asserting their own claims at their convenience. Thus, transnationalization processes of law, such as the internationa-SAR regime, are a fragmented and ambiguous set of regulations, creating space for negotiation and manoeuvre. © The Author (2011). Published by Oxford University Press. Al-rights reserved.