Tutela dei diritti umani e obblighi di soccorso in mare: qualche considerazione sul ruolo del comandante della nave

• MARIO CARTA ^[1]
  1. [1] Università degli Studi di Roma Unitelma Sapienza
• Localización: Ordine Internazionale e Diritti Umani, ISSN-e 2284-3531, Nº. 5, 2021, págs. 1181-1192
• Idioma: italiano
• Títulos paralelos:
  • The protection of human rights and the rescue obligations at sea: Some reflections on the role of the ship’s master
• Enlaces
  • Texto completo (pdf)
• Resumen

  • The article deals with the issue of harmonization, or rather lack of harmonization, between the two legal systems of the protection of human rights and of the obligations of search and rescue at sea.

    The difficulties that arise during SAR events in the Central Mediterranean to comply, at the same time, with the asylum legislation and the rescue obligations at sea, even outside one's own SAR area, are examined in the essay from a particular point of view: that of the ship's master.

    In two recent decisions, the Human Rights Committee tackles the question of the role played by the master of ships in establishing jurisdiction, including extra-territorial ones, in matters of human rights.

    The article critically analyzes the Committee's reasoning that in the two decisions does not seem to find the best balance between the need to protect human rights on the high seas and the international duty to save lives at sea, especially in a context as difficult as the Central Mediterranean where there is an inefficient Libyan SAR zone.