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The Global ETD Search service is a free service for researchers
to find electronic theses and dissertations. This service is
provided by the
Networked Digital Library of Theses and Dissertations.
Our metadata is collected from universities around the world. If you manage a university/consortium/country archive and want to be added, details can be found on the NDLTD website.
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THE CRIMINALISATION OF NGO-LED SAR OPERATIONS : A Contributing Factor Towards Crimes Against Humanity Against Migrants in LibyaKaur, Maanpreet January 2023 (has links)
In the perilous waters of the Mediterranean Sea, migrants find themselves facing limited choices when in distress. Their options are stark: either to rely on the lifesaving efforts of Non- Governmental Organisations (NGO) aid workers conducting Search and Rescue (SAR) Operations, to be intercepted by the Libyan Coast Guard (LCG) and subsequently detained in Libya where their human rights are gravely violated, or to face the tragic fate of perishing at sea. Unfortunately, the criminalisation of SAR Operations, spearheaded by NGO aid workers, hinders the rescue of migrants, thereby exacerbating the risks they face and leaving them vulnerable to interception by the LCG. This interception, as argued in this thesis, inevitably leads to the perpetration of Crimes Against Humanity (CAH) against these vulnerable migrants. This thesis sheds light on the issue of Italy’s increasing criminalisation and vilification of humanitarian aid workers engaged in SAR missions in the Mediterranean Sea. It critically examines the consequences of such criminalisation on the lives and rights of migrants, exploring the complex dynamics between SAR Operations, interception by the LCG, and the commission of CAH. Drawing upon a comprehensive lens of interpretation that integrates legal analysis, human rights principles, and the international legal framework, this study concludes that criminalisation of SAR operations is indeed a contributing factor towards the CAH faced by migrants in Libya. Moreover, it identifies the potential liability of Italian State Officials (ISO) at the International Criminal Court (ICC) for their role in enacting legislations that effectively criminalises SAR operations.
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