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Palermo Court Publishes Reasoning That Italy Had No Duty to Host Open Arms

Judges said Italy wasn't required to designate a safe port for the Spanish-flagged vessel; prosecutors are evaluating an appeal.

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Overview

  • The Palermo tribunal released over 270 pages of motivations concluding that Italy was not legally bound to assign a place of safety to the Open Arms ship after its August 2019 rescue.
  • Judges ruled Salvini’s decree barring the vessel from Italian waters was illegitimate and based on mere conjecture but did not impose a legal duty on the state.
  • The court found that responsibility for assigning a safe port lay with Spain as the ship’s flag state and noted the vessel could have docked in Spain or Malta.
  • Former interior minister Matteo Salvini was acquitted of kidnapping and abuse of power charges because no international obligation existed for Italy to accommodate the rescued migrants.
  • Palermo prosecutors are consulting with chief prosecutor Maurizio de Lucia as they deliberate whether to appeal the acquittal.