Malta reported to the International Criminal Court over 'failure' to rescue migrants
A leading Italian NGO has filed a report to the International Criminal Court (ICC) and the International Court of Justice (ICJ) in The Hague calling on them to investigate Malta's 'failures' to adhere to international maritime rules with regards to search and rescue (SAR).
The Italian Coordinating Committee of Consumer Associations (Codacons) said that it has filed a protest with the ICC and the ICJ. It alleged that between last Saturday and Sunday, Malta has 'once again' failed to abide by its obligations to provide assistance to a drifting boat full of illegal immigrants, about 50 nautical miles off the Italian island of Lampedusa.
The NGO repeated allegations made earlier by Italy's Interior Minister Roberto Maroni, accusing Malta of 'washing its hands' and passing the buck onto the Italian authorities, who rescued the 209 migrants in Malta's SAR zone.
Codacons said that it wants the ICC to check whether Malta is in breach of the 1978 Hamburg Convention about the obligations of member states with regards to SAR.
The Italian organisation said that the ICC and the ICJ should see whether Malta's 'failures' are in contempt of international maritime law and whether the island is e failing to provide assistance as it is obliged to in its large SAR zone.
In a statement yesterday, the Ministry for Home Affairs denied the Italian allegations and said that the rescue referred to by Italy was coordinated by the Armed Forces of Malta in close collaboration with the Italian and Tunisian authorities.
The ministry said that when the vessel was first reported to the Maltese Rescue Co-Ordination Centre, it was located 51 nautical miles south south-west of Lampedusa and 126 nautical miles southwest of Malta.
The Italian assets which were eventually deployed from Lampedusa were considerably closer to the vessel in distress and in a better position to effect the rescue operation in a timely manner than boats from Malta, it added.
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Mr Tony Abela Abela
May 31st 2011, 12:12
It is true that Malta runs its FIR on a 'no profit basis' through the Eurocontrol organisation for European Airspace, as Mr Charles Sammut commented.
But it is also true that it is in the interest of each country to handle as much aircraft as possible to help its own economy true employment of the personnel required to run the services within the FIR, the bigger the fIR the more personnel are needed and a more data handling capacity infrastructure is required. This all inhjects into the national economy. So anybody with any common sense understand that it is in the interest of each country not to loose parts of its FIR.
Apart from the economical aspect there is also the Sovereignty issue which apart from the countries image it gives a better guard on the nation's security. If Malta's FIR was to be reduced by say half as much, then Malta's Air Traffic Control Services will be reduced to an Airport Approach Zone and no En-route Control will be done and thus will loose the right to claim its expense from Eurocontrol, as the Eurocontrol system only refunds the En-route expenses. The Approach and Airport Zones are financed from the Landing Charges and if that was the case, our Landing Charges would escalate to a level that no foreign air companies will operate into Malta.
Sandro Magri
May 31st 2011, 11:47
Was it last week when italy said it had no crafts avaible?
It`s it`s like this we should sink ours in the port.
Ms D Galea
May 31st 2011, 10:53
One cannot be seen to knuckle under the bullying tactics of the Italians. On the other had we cannot abandon our international obligations at helping those in need either.
G. Borg
May 31st 2011, 10:34
Innutaw, meta jkunu gejjin xi elezzjonijiet gewwa l-Italja, it-taljani imorru jigru jugzawna lil xi hadd. Issa ahjar, ghax kompliet tikber il-farsa !
The only solution they have is to push the island of lampedusa further up to the north !! Fosri jithajru, ma taf kif................
Karl Abela
May 31st 2011, 10:15
It is very obvious that the Italian government is using Malta as a scapegoat in order to attract attention from the European Union.
Good job by the government for keeping a firm position. Being small doesn’t not mean being easily intimidated.
Ms D Galea
May 31st 2011, 09:42
This is nothing but the latest ploy by Italy of trying to take from Malta some of the revenue related to the extent of the SAR area. They are using the irregular immigration issue as an excuse.They are simply bullying Malta for being the EU's smallest member state.
Mr R.E. Saliba
May 31st 2011, 09:29
I expect a full public apology from the Italian NGO should the investigation result in no wrong-doing by Malta. I also expect Malta to formally demand such an apology and not allow any Tom, Dick and Harry to stamp all over us with impunity. If you agree.... please comment.
Colin Stanley
May 31st 2011, 10:48
I agree with you , 100%
Henry Galea-souchet
May 31st 2011, 09:28
It all smells like someone is feeling jealous of our SAR dimensions, and might be using these isolated instances to build up a case which would help lead to the eventual official shrink up of our area ! Our Air Conto region has already been messed up in the Mintoffian era !
Ms ANNA GRECH
May 31st 2011, 05:00
Are they trying to say that our minister lied? these things are the order of the day in Italy and as the saying goes "chi mal fa mal pensa!
Christopher Ripard
May 31st 2011, 00:08
On a different note: the Deaf Association of Malta will tomorrow hold a protest at the Italian Embassy at 5pm. Why? Because the Italian parliament has failed to give Italian Sign Language the recognition it deserves, essentially denying Italian Deaf their right to be considered a linguistic minority. Its complicated - but if you were deaf, you'd know what a big deal this is. We want to show solidarity with the Deaf in Italy and indeed everywhere else.
Albert Spiteri
May 30th 2011, 22:47
Few Italian NGO's are really government independent. Most are berlusconian puppets.
I suggest, Malta, as an independent country, national territory and member of EU, should report to the International Criminal Court the effects of the Mafia in Sicily on our society and our economy. The Italian Government and Italian society are responsible for their own criminality and they are obliged to rid the WORLD of their very own Sicilian mafia. They are failing because Italian politicians are generally in cahoots with the Sicilian mafia and we are having this organized criminality spilling over from Sicily onto our shores. The Italian government should be held responsible and should be forced to shoulder their responsibilities.
Adrian Cachia
May 30th 2011, 22:45
Maroni is really an a..............
Jeff Mead
May 30th 2011, 22:45
Forza Italia.
Mr Robert Callus
May 30th 2011, 21:53
Maroni intended to give Gaddafi $200,000,000 a year to keep Sub-Saharan Africans in "custody". Obviously human rights respected, Gaddafi was a good guy back then (wink wink).
His party has been doing everything possible to create racial tensions in Italy especially the clown Borgezio burning tents where Roma lived and dangling sausages in front of Mosques (yes, he is an elected MEP).
Don't know about the NGO, but if Maroni is behind this - I definitely trust the Maltese govt is right and he is wrong.
M Piscopo
May 30th 2011, 21:29
The exodus of illegal immigrants is directly related to the Libyan situation. The situation was worsened by the military action taken by some of our EU partners with the aim of bringing down the Gaddafi regime. This goes beyond the UN mandate which spoke of enforcing a no-fly zone. France, UK and Italy are foremost amongst the coalition that has been bombarding our North African neighbours in the name of liberty and justice, whereas it is clear all they want is to gain an economic foothold in this oil-rich territory. In so doing, they have removed the only barrier that was keeping the north-bound flow of migrants. Now, Italy is asking Malta to fulfil its international obligations, in a crisis which they themselves helped create. The rest of the EU either watches idly or insults us by taking 30 or 40 individuals at a time in a joke called ‘voluntary burden sharing ‘. Our Prime Minister, Minister of Foreign Affairs, Permanent Representative at the EU and the rest of them, are too comfortable or too weak to defend Malta’s interests forcefully. Meanwhile, French warplanes continue to land, refuel, and take-off from Malta in what is undoubtedly a breach of the neutrality clause in Malta’s constitution (not to mention risks to the civilian population and potential damage to the tourism industry in case of an accident – God forbid). All we get for our troubles is pat on the back from Cameron and Sarkozy, for which we are expected to be grateful. Meanwhile, good weather will see boatloads of immigrants arriving on our shores with the regularity of a Swiss watch. In hindsight, ‘Switzerland in the Mediterranean’ doesn’t seem like such a bad option after all.
Mr Jesmond Farrugia
May 30th 2011, 21:22
By the same token, it is high time Malta beefed up its Surveillance and SAR capabilities. The US Coast Guard could prove to be an ideal partner, perhaps ushering in a new era of collaboration with the armed forces of the new democratic Libyan government. As things stand, Congress voted to cut military funding to Malta at the last budget. This decision could be reversed in the light of political upheaval in North Africa.
Sandro Pace
May 30th 2011, 21:00
There may be 2 possible outcomes. Either in favour of Malta (responsibility of reception going to the closest port) or in favour of Italy (responsibility goes to the SAR country). Given that Malta wants to retain the present SAR size. As things stands, and by present new maritime rescue rules, I will be not surprised if the reason is given to Italy.
However, politically for Malta this would be unacceptable and impossible, it would mean that our country can be inundated with people who did not want to come here in the first place. with all the social consequences. In such a case, our government has no other option but to disregard any sentence or order by this court. And it cannot do otherwise.
NO FOREIGN COURT WILL DECIDE THE FATE OF OUR COUNTRY OR TAKE WHAT IS OURS.
Mr Tony Abela Abela
May 30th 2011, 20:27
There are a lot of technicalities involved in this issue and also there might be also economical interest which either side can gain or loose.
The Search and Rescue Coordination Centre is responsible to coordinate these operations within its SAR Area which happens to be the same as the Flight Information Region (FIR).
The bigger the FIR is the more income you get from overflying aircraft, as they pay for the services provided during their flight through each national FIR. Therefore, it is not in Italy's interest that the Maltese FIR extends towards the west beyond Lampedusa and to the east as much as 550 NM. At the same time if Malta lose part of the present FIR area there will be loss of revenue.
With the present situation where both Malta and Italy gets their revenue share for the FIR services through the same 'kitty', that is EuroControl, which is proportional to the number of flights and thier duration time within the respective FIR, it is simple for one to conclude that Italy's motives could not be simply the eagerness for ensuring the safety of people in distress such as illegal immigrants boats.
The other obvious reason is, if Malta carries the rescue too, besides coordinating the operation, Italy may try again to go against the International Rules, that is to take the distress boat to the nearest port, which in all cases that Italy have been complaining about was Lampedusa.
Neil Sant
May 30th 2011, 20:36
Very interesting reply Tony. You raise some interesting points and I think you've raised my awareness of what's at stake. Thank you!
Charles Sammut
May 30th 2011, 20:40
A small but nevertheless important point is that Malta gets paid for what it costs to administer the FIR. The only 'profit' is that it provides employment for a number of air traffic controllers and some other technical staff required for the job. It is run on a no profit basis and is overall controlled by Eurocontrol.
Those who are equating the FIR with oil exploration rights are confusing the proverbial hass mal-gass.
Mariella Bonello
May 30th 2011, 21:10
In fact as Mr C. Sammut said, the FIR has absolutely nothing to do with oil exploration.
Oil exploration rights are directly related to the continental shelf. As most of you will recall Malta had that famous dispute with Libya over the continental shelf limits and oil exploration.
Mr joseph saliba
May 30th 2011, 20:13
Let's say Malta's SAR is cropped. Who's going to take the responsibility? Not Italy for sure because from what I gather they reply they have no vehicles available.
Ms Louise Vella
May 30th 2011, 19:57
Italian NGOs are backing the position of the Italian government. I expect Maltese NGOs to back the position of the Maltese government. So far they have always been on the attack and militating against Malta's national interest.
Mr Deo Cassar
May 30th 2011, 19:43
The name should read: International Court of Criminals.
Mr D Bonello
May 30th 2011, 19:31
This is ridicules. When does it end. The Italians are behaving like kids and are not stepping up to their responsibility.
Mr mike Knight
May 30th 2011, 19:25
I suppose that Malta is not an angel either i bet if they had some cash they would have been let in. i guess that a state of diplomatic friction now exists between Malta and Italy.
Mr carlos ellul
May 30th 2011, 19:54
Malta wouldn't mind helping the Italians to pick immigrants close to Lampedusa but when we did that they refused us to take them to Italy. That's why we don't want to save anymore immigrants close to Lampedusa.
Jeff Mead
May 30th 2011, 20:16
Thats a bit if a shame isn't Mike, no more cheapie made crappy imports from Italy then. Perhaps Malta should look at better markets to import better goods ie.,. Germany or better still the United Kingdom.
Alfred Bugeja
May 30th 2011, 19:21
Certainly, the obvious question here is what a committee of consumer associations has to do with the interpretation of international maritime law.
It looks like the Italian government is turning to its stooges to do the dirty work by trying to deflect attention from the rout it suffered in today's elections. The days of the centre-right government are counted.
Mr Paul Caruana
May 30th 2011, 19:19
Well, it had to happen, sooner or later.
If a person requests assistance in Malta' SAR, should that person be transferred to the closest port of call, or by default always to Malta?
If the ICC agrees to a hearing, we had better be ready to state our case - losing such a case is not an option!
Mr Marcel Dingli
May 30th 2011, 19:32
What can be more racist than classifying immigrants as cargo. A case of the pot calling the kettle black, or coloured, so as to be politically correct.
Mr Justin Grima
May 30th 2011, 21:59
@Mr Marcel Dingli......where do you see the word ' cargo ' written cause I can't .......
Colin Stanley
May 31st 2011, 10:29
@ M. Dingli. you do n't have to change the wording, the saying is. The pot calling the kettle black. not coloured, what colour yellow.
Charles Sammut
May 30th 2011, 19:16
Malta's obligation is to coordinate rescue operations and not necessarily to carry them out itself. That is why it is called a Rescue Coordination Centre and not Rescue Centre.
Besides, the 1978 Hamburg Convention as far as I know applies to the carriage of goods not illegal immigrants unless CODACOMS is classifying illegal immigrants as cargo.
http://www.jus.uio.no/lm/un.sea.carriage.hamburg.rules.1978/doc.html
Mr Tony Camilleri
May 30th 2011, 19:15
The Italians are only attempting to denigrate us and Malta to shoulder their colonialism responsibility and are calling us all sorts of names in their media.
Have a look at http://www.ilgiornale.it/interni/lampedusa_ancora_mirino_arrivi_senza_fine_in_avaria_barcone_almeno_150_profughi/lampedusa-sbarchi-arrivi-barcone-carretta-profughi-libia-avaria-soccorsi-gdf-canale-mare-malta/29-05-2011/articolo-id=526157-page=0-comments=1
Decent replies were sent to them but they did not have the courage to publish them.
The Italian NGO, Maroni, the ICC and the ICJ know where they can shove their opinions.
If the Italians think that they will make us pay for their colonialist sins they are greatly mistaken.
No State can be brought before the ICJ if that State itself does not consent to appear before the ICJ and to be bound by its decision. We are NOT an Italian colony.
Those Italian must go back to their geography lessons to learn that Lampedusa is much nearer to Libya and Tunisia and also to their simple arithmetic lessons to learn that 160 miles is less than 50 miles.
The Italian are only after our S&R zone because of the natural resources in that zone.
We need to unite against this attempt by foreigners against ourselves and our country and any of the usual do-gooders and NGO who defend illegal immigrants and who try to undermine us and Malta be speedily dealt with and imprisoned for any length of time until they learn their lesson.
WE ARE FED UP WITH ALL OF YOU AND DON'T WANT ANY ILLEGAL IMMIGRANTS IN MALTA.
GONZI JUST SEND THEM ALL BACK TO THEIR OWN COUNTRIES.
YOU GOT YOUR FIRST WARNING ON SATURDAY.
THE NEXT ONE WILL BE MUCH GREATER.
Ms Manquareiel de Caveden
May 30th 2011, 23:53
Why take it out on immigrants? Don't you think you are exaggerating?
Ms Isabelle Luca Borg
May 31st 2011, 09:27
This is one of the of the comments posted on the link given:
#30 voce nel deserto (9198) - lettore
il 29.05.11 alle ore 18:54 scrive:
Maltesi? PIRATI come i loro padroni inglesi. Non sottovalutate la loro ferocia ed inciviltà.
Accusing us of not being civil?!?! How about us being way TOO Civil with them?!?!?
Mr carlos ellul
May 30th 2011, 19:02
I guess that's part of the EU solidarity that Simon Busuttil and co had been talking about for years.
Ms Rose Cilia
May 30th 2011, 19:18
Good one,Mr Ellul