Well....yeah.
The basis of the story (going back around four to six weeks ago) was a German flagged 'rescue-vessel' that stands in the Med, and pulls up to rubber-rafted people just floating there in the Med....to rescue them, and transport them to the nearest Italian port (an island in the Med). In this case, the Italians finally said 'enough' and tried to refuse them entry into the port. Some bad communications occurred....news media attention....and finally the German captain barged into the port with 'sick' rescued migrants aboard. The Italians pressed charges, and the news media gave the impression that that case 'ended'.
Most news media folks kinda hinted that the whole story was wrapped up when the Italians released the German captain. Well, it didn't really end.
If you follow NDR news, the Sea Watch 3 captain has to appear in an Italian court again. The original court date (weeks ago) was cancelled because of a strike.
There's basically two charges hanging there. One, that she disobeyed the orders of the harbor authorities, in entering the port. Two, she is accused of having some type of arrangement (deal) with the smugglers and knows the location of the raft before the 'rescue'.
So you examine both charges, and add in this one issue....the 'Law of the Seas'. Signed by Italy, the law says that any ship coming upon drifters in the sea, must provide rescue and bring them to the nearest port.
I don't think the first charge, disobeying the harbor authorities will go anywhere. They are stuck by the Law of the Seas situation....having to accept the 'rescue' and it's crowd.
On the second charge, unless they come up with insider info....the Italians will be unable to prove the case.
But when you gaze at the map, there is a boomerang-shaped area that you have to drag a rubber-raft (loaded with 50 to 100 people) to.....being beyond the legal limits of Libya and Tunisia, and being just close enough to Lampedusa (the isle)....to ensure legality.
What the Italians could do? They could simply ask for identity papers and refer all of the rescued back to their home countries. Claiming asylum? Well, you could. Then the problem goes to Italy and its court system....spending weeks, months, and maybe several years in reaching a situation with each rescued individual. Unless you had some great evidence, or be in the middle of a war....the asylum thing would eventually be denied.
This talk last week that the Italians were going to meet with Tunisia and Libya....to discuss options, might prove to be the next problem for the rescue crowd. If the Libyans did get aggressive and start dragging the rubber-raft crowd back to shore themselves....it'd tip the $1,000 a seat smuggling routine over, and make the whole effort worthless to attempt.
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