Press Release - FOR IMMEDIATE RELEASE (για Ελληνικά προχωρήστε παρά κάτω, σελ. 3)
Open Letter on the Greece Boat Disaster: Questions of International Law Addressees: Ministry of Maritime Affairs and the Ministry of Migration and Asylum of the Hellenic Republic, the Prime Minister of Greece, the European Commission, and the Executive Director of Frontex 16 July 2023 In an open letter addressed to Greek and EU authorities, 300 academics internationally turn their attention to the migrant shipwreck of 14 June 2023 off the coast of Pylos, Greece, resulting in the loss of an estimated 650 lives. They intervene to correct stated inaccuracies regarding the relevant legal obligations of Greece. The signatories of the open letter emphasize that this incident highlights the urgent need to address systematic pushbacks and the practice of 'delayed/non-assistance' in the Mediterranean. These practices not only undermine well-established legal obligations but also cast doubt on fundamental principles of international law. In this letter, academic experts on migration, asylum, refugee and human rights law, public international law, law of the sea and international criminal law raise important legal questions and call for a comprehensive examination of the incident. Dr. Mariana Gkliati, Assistant Professor of Migration and Asylum Law (Tilburg University, the Netherlands), one of the initiators of this letter states: ‘National authorities attempt to evade their responsibility by presenting radical misinterpretations of their obligations under international law. In this open letter, we clarify the applicable legal obligations. We intervene to show that certain basic principles of international law are beyond contestation.’ Dr. Elizabeth Mavropoulou, Lecturer in International Law (University of Westminster) comments: “While the investigation of the tragic incident is ongoing it is important that we steer clear from any intentional or unintentional misrepresentation of the current state of international law relating to search and rescue. Contrary to popular belief, for the purposes of search and rescue, the high seas or international waters are divided into zones between states. In this case, the migrant boat in distress was within Greece’s search and rescue zone and therefore Greece had a legal duty to rescue”. The open letter emphasizes that Greece did not only have the right but also the duty to intervene, assist and rescue those on board irrespective of their status as irregular migrants or smugglers, regardless of whether they asked for or refused assistance, and even though the incident took place on the high seas. Moreover, under human rights and refugee law, Greece can be found in violation of the right to life and possibly the prohibition of refoulement and collective expulsion.
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