The contribution analyzes the changed attitude of public opinion and politicians towards SAR activities; a change that has led to the direct and indirect criminalization of NGOs involved in these relief operations. This is also the direction of the recent “Salvini bis” decree, which provides for the application of administrative pecuniary sanctions (plus, possibly, the confiscation of the vessel), whose recipients are precisely those who carry out research or, in any case, rescue operations. This is a rule that is difficult to apply, as it is in contrast with rules of domestic law and international conventions. The real goal is to spread the image of the rescuer as an instrument of smugglers. In this way its identification with the criminal is produced and the tendency to attract even those who help or help migrants and / or refugees in the logic of the “criminal law of the enemy” is strengthened; a logic that permeates Italian (and not only) legislation in the field of immigration, but which, in more recent times, is also affecting the policies implemented against refugees and applicants for international protection.

Soccorso in mare e criminalizzazione “diretta” e “indiretta” delle ONG / La Rosa, Emanuele. - In: ORDINE INTERNAZIONALE E DIRITTI UMANI. - ISSN 2284-3531. - Supplemento al n. 1/2020(2020), pp. 365-377.

Soccorso in mare e criminalizzazione “diretta” e “indiretta” delle ONG

La Rosa, Emanuele
2020-01-01

Abstract

The contribution analyzes the changed attitude of public opinion and politicians towards SAR activities; a change that has led to the direct and indirect criminalization of NGOs involved in these relief operations. This is also the direction of the recent “Salvini bis” decree, which provides for the application of administrative pecuniary sanctions (plus, possibly, the confiscation of the vessel), whose recipients are precisely those who carry out research or, in any case, rescue operations. This is a rule that is difficult to apply, as it is in contrast with rules of domestic law and international conventions. The real goal is to spread the image of the rescuer as an instrument of smugglers. In this way its identification with the criminal is produced and the tendency to attract even those who help or help migrants and / or refugees in the logic of the “criminal law of the enemy” is strengthened; a logic that permeates Italian (and not only) legislation in the field of immigration, but which, in more recent times, is also affecting the policies implemented against refugees and applicants for international protection.
2020
crimmigration
Immigrazione
Diritto penale del nemico
Cause di giustificazione
File in questo prodotto:
File Dimensione Formato  
Speciale OIDU 2020_la rosa.pdf

accesso aperto

Tipologia: Documento in Post-print
Licenza: Creative commons
Dimensione 788.58 kB
Formato Adobe PDF
788.58 kB Adobe PDF Visualizza/Apri

I documenti in IRIS sono protetti da copyright e tutti i diritti sono riservati, salvo diversa indicazione.

Utilizza questo identificativo per citare o creare un link a questo documento: https://hdl.handle.net/20.500.12318/56757
Citazioni
  • ???jsp.display-item.citation.pmc??? ND
  • Scopus ND
  • ???jsp.display-item.citation.isi??? ND
social impact