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djq_ t1_jdth1at wrote

Article 98 of UNCLOS: Duty to render assistance, SOLAS article 4, EU OLAF report art 1.5.4.2.

UNCLOS is ratified by all member states, including Italy. TFEU Art 83(2) can be applied as the legal basis for a Directive introducing criminal offenses and imposing criminal sanctions for failure to rescue at sea, as such criminalization. Italy already has the Sea Watch ruling against them (ECLI:EU:C:2022:604).

So yeah, Italy, good luck with that one in court!

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