on the Italian territory, both Frontex and Italy are equally responsible for ensuring
that the actions of participating Member States are taken in full compliance with
Union law. In turn, Frontex regulation does not affect the obligations of Member
States under international conventions such as the UNCLOS.
51
In conclusion, on the one hand, it must be noted that the European agency Frontex
has certainly supported an extensive interpretation of the UNCLOS provisions in the
management of the EU external sea borders. Italian authorities promoted this legal
and operational approach during joint maritime operations both in Sicily and Apulia.
This new methodology could be hailed as a positive development regarding the
prosecution of those smugglers who endanger the lives of migrants on the high seas
to trigger events of distress that eventually lead to the transportation of migrants into
the Italian territory under the shield of rescue operations.
52
On the other hand, however, in the context of Frontex operation ‘Themis’, Italy
and Frontex should pay close attention to the increase of controversial interception
measures performed by border and coast guard authorities on the high seas. In
particular, they should focus on those conducts that could undermine the core
principles of the UNCLOS such as the freedom of navigation and the exclusive
flag State jurisdiction on the high seas.
References
Andreone G (2011) Immigrazione clandestina, zona contigua e cassazione italiana: il mistero si
infittisce. Diritti Umani e Diritto Internazionale 5(1):1–6
Bevilacqua G (2017) Criminalità e sicurezza in alto mare. Editoriale Scientifica, Naples
Caligiuri A (2011) Le operazioni di contrasto dell’immigrazione clandestina alle frontiere marittime
dell’Unione europea e la tutela dei richiedenti asilo. Available at https://u-pad.unimc.it/retrieve/
handle/11393/44747/1350/359-385%20-%20Contributo%20Caligiuri%20%282%29.pdf
Cataldi G (2016) A Mediterranean perspective on migrants’ flows in the EU. Editoriale Scientifica,
Napoli, pp 286–291
Fantinato M (2017) Law enforcement powers and moving borders at sea. In: Cataldi G et al (eds)
Migration in the Mediterranean area and the challenges for “hosting” European society.
Editoriale Scientifica, Naples, pp 209–214
Kuijper PJ, Paasivirta E (2013) EU international responsibility and its attribution: from the inside
looking out. Hart Publishing, Oxford, pp 63–69
Leanza U, Graziani F (2014) Enforcement and jurisdiction in countering the smuggling of migrants:
operational aspects. In: La Comunità Internazionale 2/2014:163–209. Available at https://www.
sioi.org/wp-content/uploads/2015/10/LCI2014-trimestre2-2leanza-graziani.pdf
Liguori A (2017) The 2017 Italy-Libya memorandum and its consequences. In: Cataldi G et al (eds)
Migration in the Mediterranean area and the challenges for “hosting” European society.
Editoriale Scientifica, Napoli, pp 209–226
51 See recital 45, ibidem.
52 Sentences no. 14510/14 and 35474/2014 of the Italian Court of Cassation available at http://www.
cortedicassazione.it.
234
M. Fantinato
that the actions of participating Member States are taken in full compliance with
Union law. In turn, Frontex regulation does not affect the obligations of Member
States under international conventions such as the UNCLOS.
51
In conclusion, on the one hand, it must be noted that the European agency Frontex
has certainly supported an extensive interpretation of the UNCLOS provisions in the
management of the EU external sea borders. Italian authorities promoted this legal
and operational approach during joint maritime operations both in Sicily and Apulia.
This new methodology could be hailed as a positive development regarding the
prosecution of those smugglers who endanger the lives of migrants on the high seas
to trigger events of distress that eventually lead to the transportation of migrants into
the Italian territory under the shield of rescue operations.
52
On the other hand, however, in the context of Frontex operation ‘Themis’, Italy
and Frontex should pay close attention to the increase of controversial interception
measures performed by border and coast guard authorities on the high seas. In
particular, they should focus on those conducts that could undermine the core
principles of the UNCLOS such as the freedom of navigation and the exclusive
flag State jurisdiction on the high seas.
References
Andreone G (2011) Immigrazione clandestina, zona contigua e cassazione italiana: il mistero si
infittisce. Diritti Umani e Diritto Internazionale 5(1):1–6
Bevilacqua G (2017) Criminalità e sicurezza in alto mare. Editoriale Scientifica, Naples
Caligiuri A (2011) Le operazioni di contrasto dell’immigrazione clandestina alle frontiere marittime
dell’Unione europea e la tutela dei richiedenti asilo. Available at https://u-pad.unimc.it/retrieve/
handle/11393/44747/1350/359-385%20-%20Contributo%20Caligiuri%20%282%29.pdf
Cataldi G (2016) A Mediterranean perspective on migrants’ flows in the EU. Editoriale Scientifica,
Napoli, pp 286–291
Fantinato M (2017) Law enforcement powers and moving borders at sea. In: Cataldi G et al (eds)
Migration in the Mediterranean area and the challenges for “hosting” European society.
Editoriale Scientifica, Naples, pp 209–214
Kuijper PJ, Paasivirta E (2013) EU international responsibility and its attribution: from the inside
looking out. Hart Publishing, Oxford, pp 63–69
Leanza U, Graziani F (2014) Enforcement and jurisdiction in countering the smuggling of migrants:
operational aspects. In: La Comunità Internazionale 2/2014:163–209. Available at https://www.
sioi.org/wp-content/uploads/2015/10/LCI2014-trimestre2-2leanza-graziani.pdf
Liguori A (2017) The 2017 Italy-Libya memorandum and its consequences. In: Cataldi G et al (eds)
Migration in the Mediterranean area and the challenges for “hosting” European society.
Editoriale Scientifica, Napoli, pp 209–226
51 See recital 45, ibidem.
52 Sentences no. 14510/14 and 35474/2014 of the Italian Court of Cassation available at http://www.
cortedicassazione.it.
234
M. Fantinato