MSF revives rescue mission in Mediterranean after new disaster kills 42 • FRANCE 24 English

Key Concepts

• Search and Rescue (SAR) Operations: Humanitarian efforts to locate and assist individuals in distress at sea.
• Jubarons: MSF's previous, larger search and rescue vessel.
• Pantidosi Decree: Italian legislation introduced in early 2023 imposing restrictions on SAR operations.
• Distant Ports of Disembarkation: Ports assigned to SAR vessels that are geographically far from the rescue zone, increasing operational time and reducing rescue capacity.
• Place of Safety: A location where rescued individuals are safe from danger, have access to protection, services, and rights, as defined by international maritime law.
• Non-refoulement: A principle of refugee law prohibiting the return of refugees to a country where they would face persecution or danger.
• Externalization of Migration Management: A policy of outsourcing border control and migration management to third countries.
• Interceptions and Force Returns: The act of stopping migrant vessels and returning individuals to their country of origin or transit, often against their will.

MSF's Restart of Search and Rescue Operations

Doctors Without Borders (MSF) has announced the resumption of its search and rescue (SAR) activities in the Mediterranean Sea. This decision follows a halt in operations in December of the previous year due to restrictive Italian policies. The humanitarian group is now deploying a smaller and faster vessel, a strategic adaptation to navigate these limitations and continue saving lives in the central Mediterranean.

Reasons for Previous Suspension of Operations

MSF had previously stopped its SAR operations with its larger vessel, the Jubarons, due to restrictive policies and laws enacted in Italy, specifically citing the Pantidosi decree introduced in early 2023. This decree imposes a range of restrictions on NGOs conducting SAR operations, including:

• Fines: Financial penalties for non-compliance.
• Detention in Ports: The possibility of vessels being held in port.
• Assignment of Distant Ports of Disembarkation: A frequently applied policy requiring SAR vessels to travel to ports that are geographically far from the rescue zone.

These restrictions significantly hampered MSF's operational capacity. The organization estimated that they were out of the operational zone where their assistance was most needed for nearly half of the previous year due to these policies. The policy of assigning distant ports meant that even with a full capacity to rescue hundreds, they were often required to disembark only a few survivors (e.g., 50) at these distant locations, severely undermining their rescue capacity and efficient utilization of their vessel.

Adaptation and Restart of Operations

The restart of operations involves a smaller and faster vessel, which MSF hopes will allow them to adapt their operational model and continue to save lives despite the existing restrictions. While still subject to these policies, the smaller vessel is intended to improve their ability to respond effectively. MSF has been operating for a few days and is closely monitoring the situation, though they have yet to conduct their first rescues since restarting.

Escalation of Violence and Restrictions Against Migrants and Humanitarian Actors

In recent months, MSF has observed a concerning trend of increasing violence against people on the move and against humanitarian actors at sea. Vessels of other organizations have also been routinely detained. The violence is primarily attributed to:

• Libyan Coast Guard: This entity is a primary actor in these aggressive actions.
• Other Actors: These actors also receive financial and material support from the European Union and its member states.

MSF has witnessed Italian-donated vessels exhibiting threatening or violent behavior towards migrants, refugees, and humanitarian sea actors. There has been an escalation of attacks at sea, both last year and more recently.

Context of Decreased Arrivals and Increased Interceptions

The situation in the Mediterranean is evolving, with a significant decrease in arrivals to Italy. Arrivals to Italy are reported to be down by 58% in 2024 compared to 2023. This reduction is being presented as a success of European and member state migration management policies. However, this decrease in arrivals comes at a severe cost:

• Increase in Interceptions and Force Returns to Libya: These have risen by 21% last year, and a similar rate is observed in 2025.
• Increased Fatalities: More than 1,000 people have died or gone missing in the central Mediterranean this year, making it one of the deadliest migration routes globally.

This data highlights that while departures might not have decreased, the outcomes for migrants have become more perilous, with a greater likelihood of interception and forced return to dangerous conditions.

Distinction Between Rescues by MSF and Libyan Coast Guard

The critical difference for migrants picked up in the Mediterranean lies in where they are disembarked.

• Under International Maritime Law: A rescue operation is only terminated when individuals are disembarked in a place of safety. This means a location where their lives are not in danger, and they have access to protection, services, and rights.
• Libya and Tunisia as Places of Safety: Various Italian courts and international bodies have ruled that Libya cannot be considered a place of safety. MSF also considers Tunisia not to be a place of safety.
• Violation of Non-refoulement: Effectively, if people are intercepted and forcibly returned to Libya, it violates the principle of non-refoulement under refugee law. This principle prohibits returning individuals seeking safety to a place where they will face danger.
• MSF's Operations: When MSF conducts rescue operations, people are disembarked in a place of safety, which is why they request the Italian government to assign them such a location.

EU's Externalization Policy and Cognitive Dissonance

There appears to be a contradiction between the EU's acknowledgment that countries like Libya are not places of safety and its continued financing of the Libyan Coast Guard, which intercepts and returns migrants to these unsafe locations. EU officials explain this as part of a broader pattern of externalization of migration management. This policy involves outsourcing border control and migration management mechanisms to third countries.

This externalization is a pervasive and worrisome development because individuals in these third countries often lack the same access to rights and safeguards, and there are no similar asylum procedures. Asylum and access to protection within the European Union are territorial, meaning they can only be accessed when individuals are physically on the territory of the country where they are seeking protection. The current mechanisms are designed to prevent people from arriving in the EU, with various actors supported to prevent departures.

Conclusion

MSF's restart of SAR operations in the Mediterranean signifies a continued commitment to saving lives amidst increasingly dangerous conditions and restrictive policies. The organization highlights the severe human cost of current migration management strategies, characterized by a decrease in reported arrivals but a stark rise in interceptions, forced returns to unsafe countries, and a tragically high death toll. The EU's policy of externalization, while aiming to control migration, raises significant concerns regarding human rights and the principle of non-refoulement, as it leads to the financing of actors who return vulnerable individuals to danger.