CYIL vol. 8 (2017)

CYIL 8 ȍ2017Ȏ REGULAR MIGRATION THROUGH SOUTH MEDITERRANEAN ROUTE … jurisdiction, the measures could entail “bringing the vessel to a port of the boarding state, seizure of the vessel, arrest of the suspects on board, initiation of criminal proceedings pursuant to previously enacted legislation and confiscation of the illicit cargo and of the vessel itself.” 72 As agreed also by F. Attard, “in contrast to the mere ‘examination’ of the vessel allowed under Article 110 of UNCLOS, the Protocol permits ‘appropriate measures’ to be taken by the requesting State. … [I]t has been argued that these measures are likely to include seizure of the ship, arrest and prosecution of the smugglers on board.” 73 The EU NAVFOR mission Sophia also has the mandate to “undertake systematic efforts to identify, capture and dispose of vessels and enabling assets used or suspected of being used by migrant smugglers or traffickers, in order to contribute to wider EU efforts to disrupt the business model of human smuggling and trafficking networks in the Southern Central Mediterranean and prevent the further loss of life at sea.” 74 This CSDP mission has moved to phase two, which foresees the “boarding, search, seizure and diversion on the high seas of vessels suspected of being used for human smuggling or trafficking, under the conditions provided for by applicable international law,” 75 or if the coastal state so agrees or a resolution by the UN SC is passed, in the territorial and internal waters of that State. The mission activity includes such achievements as: 109 suspected smugglers were arrested and delivered to the Italian Prosecutor authorities, 422 boats were neutralized and may not be re-used anymore by smugglers, and 35,037 lives were rescued up to April 2017 during 241 events at sea. What is interesting is that it is noted that these actions were coordinated by the Italian Maritime Rescue Coordination Centre, not depending on the place of the SAR activities. 76 Therefore, the first aspect that may be underscored is the subject able to conduct such measures. It is only warships of states and other duly authorized state vessels, for example, state border guard ships or in the case of the Mediterranean, the EU mission Triton and EU NAVFOR MED ships. NGO ships, which are not state ships or warships, are not authorised to carry out any such action against any suspected smuggled ships. If the ship carrying large numbers of migrants is noticed by the NGO ships and is not in a distress situation, the only possible action may be the transfer of such information to the Italian Coast Guard or EU mission ships, which in their turn could take action against the ships after seeking the consent of the flag state. Conclusions The vessels participating in search and rescue operations are various in the Mediterranean – persons are rescued by Italian Coast Guard vessels, Frontex-led operation Triton vessels, EU NAVFOR MED mission Sophia vessels, and NGO vessels. The duties of ships in search and rescue operations are essentially the same – to rescue those in need in the safest manner 72 PAPASTAVRIDIS, ibid. , p. 68. 73 ATTARD, supra note 62, p. 230. 74 European External Action Service. EU NAVFOR MED operation Sophia . 25 April 2017. https://eeas.europa.eu/ sites/eeas/files/april_2017_-_factsheet_on_eunavfor_med_mission_english.pdf accessed 30 May 2017. 75 COUNCIL DECISION (CFSP) 2015/778 of 18 May 2015 on a European Union military operation in the Southern Central Mediterranean (EUNAVFOR MED). OJ L 122/31. 76 EU NAVFOR MED operation Sophia , supra note 74. Efthymios, EU NAVFOR Operation Sophia and the International Law of the Sea. Maritime Safety and Security Law Journal , 2/2016.

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