Rescue at sea and the establishment of jurisdiction : new direction from the human rights committee? Part I

Abstract

On 27 January 2021, the United Nations Human Rights Committee (HRC or Committee) found that Italy had failed to protect the right to life of more than 200 migrants who had perished in a shipwreck in 2013. The decision in A.S., D.I., O.I. and G.D. v. Italy marks a significant development in the interpretation and application of extraterritorial jurisdiction in rescue operations on the high seas. For the first time, a human rights body has affirmed that the relationship of dependency between persons in distress and States receiving calls for assistance is sufficient to trigger extraterritorial jurisdiction and consequent application of the International Covenant on Civil and Political Rights (ICCPR). In this note, we will examine the claims of the complainant, the findings of the HRC, and will close by addressing the ramifications of the decision on human rights protection at sea.