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February 2, 2026International Law Reports0 citations

AS, DI, OI and GD v . Italy

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Key Points

  • The aim is to assess whether Italy violated human rights regarding shipwreck victims and their right to life and an effective remedy.
  • Analysis of communication admissibility regarding Italy's jurisdiction over shipwreck victims
  • Review of local remedies and their effectiveness
  • Evaluation of Italy's search and rescue operations and delays
  • Examination of the responsibilities shared with Malta concerning search and rescue operations
  • Italy found to potentially violate the right to life and effective remedy under the International Covenant
  • Identified delays in Italy's response to shipwrecks impacting victims’ safety
  • Concerns raised about Italy withholding critical information from Malta's authorities
  • Discussion on shared responsibility between Italy and Malta for search and rescue operations

Abstract

400 Human rights — Right to life — Right to an effective remedy — Treaties — International Covenant on Civil and Political Rights, 1966 — Admissibility of communication — Jurisdiction — Power and control — Whether victims of shipwreck under Italy’s jurisdiction — Whether victims of shipwreck within Italy’s search and rescue area — Whether Malta or Italy having primary responsibility for search and rescue — Shared responsibility for search and rescue — Exhaustion of local remedies — Whether local remedies rule applicable — Whether authors having effective remedies — Whether Italy failing to protect victims’ right to life — Whether Italy delaying search and rescue operations — Whether Italy withholding information from Malta’s authorities — Whether Italy refusing to put its vessels at disposal of Malta’s authorities — Delays in criminal proceedings — Whether delay in criminal proceedings undue — Whether Italy providing explanation for delay — Remedies — Full reparation — Filing of report on measures to implement views — Whether Italy violating Articles 2(3) and 6 of International Covenant on Civil and Political Rights, 1966 Sea — Shipwreck — Right to be rescued at sea — Shipwreck of vessel on high seas resulting in death of migrants — Shipwreck occurring within Malta’s search and rescue area — Responsibility for search and rescue of victims of shipwreck — Whether victims of shipwreck under Italy’s jurisdiction — Admissibility of communication — Whether Italy violating Articles 2(3) and 6 of International Covenant on Civil and Political Rights, 1966 Jurisdiction — Power and control — Shipwreck of vessel on high seas resulting in death of migrants — Shipwreck occurring within Malta’s search and rescue area — Responsibility for search and rescue of victims of shipwreck — Whether victims of shipwreck under Italy’s jurisdiction — Admissibility of communication — Whether Italy violating Articles 2(3) and 6 of International Covenant on Civil and Political Rights, 1966 Aliens — Human rights — Treaties — International Covenant on Civil and Political Rights, 1966 — Position of aliens under Covenant — Enjoyment of Covenant rights — Whether Covenant rights available to all individuals regardless of nationality or statelessness — Shipwreck of vessel on high seas resulting in death of migrants — Power and control — Whether victims of 401 shipwreck under Italy’s jurisdiction — Admissibility of communication — Whether Italy violating Articles 2(3) and 6 of International Covenant on Civil and Political Rights, 1966

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Cite This Study

A 2026 study studied this question.

synapsesocial.com/papers/6980fd60c1c9540dea80f189https://doi.org/10.1017/ilr.2025.15
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