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WATERED-DOWN RIGHTS ON THE HIGH SEAS: HIRSI JAMAA AND OTHERS V ITALY (2012)

  • Mariagiulia Giuffré (a1)
Abstract

On 23 February 2012, the European Court of Human Rights (the Court), sitting as a Grand Chamber, delivered its long-anticipated judgment in the Hirsi Jamaa and Others v Italy (Hirsi) case.1 The case was filed on 26 May 2009 by 11 Somalis and 13 Eritreans who were among the first group of 231 migrants and refugees (191 men and 40 women) that left Libya heading for the Italian coast. Halted on 6 May 2009 by three ships from the Italian Revenue Police (Guardia di Finanza) approximately 35 miles south of Lampedusa on the high seas, in the SAR zone under Maltese competence, they were summarily returned to Libya without identification and assessment of their protection claims.2

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V Moreno-Lax , ‘Seeking Asylum in the Mediterranean: Against a Fragmentary Reading of EU Member States’ Obligations Accruing at Sea’ (2011) 23 IJRL 174

A Fischer-Lescano , T Löhr and T Tohidipur , ‘Border Controls at Sea: Requirements under International Human Rights and Refugee Law’ (2009) 21 IJRL 286

A Edwards , ‘Tampering with Refugee Protection: The Case of Australia’ (2003) 15(2) IJRL 210

E Guild , ‘The Europeanisation of Europe's Asylum Policy’ (2006) 18 IJRL 649

GS Goodwin-Gill , ‘The Right to Seek Asylum: Interception at Sea and the Principle of Non-refoulement’ (2011) 23 IJRL 449

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International & Comparative Law Quarterly
  • ISSN: 0020-5893
  • EISSN: 1471-6895
  • URL: /core/journals/international-and-comparative-law-quarterly
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