The Law of the Sea and Human Rights in the Hirsi Jamaa and Others v. Italy Judgment of the European Court of Human Rights
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The question of extraterritorial applicability of the principle of non-refoulement – as implicitly present in Article 3 ECHR – on the high seas was decided by the European Court of Human Rights (ECtHR) on 23 February 2012 in Hirsi Jamaa and Others v. Italy. The ECtHR found that the applicants had fallen within the jurisdiction of Italy as in the period between boarding onto the Italian ships on the high seas and being handed over to the Libyan authorities, the applicants had been under the continuous and exclusive de jure and de facto control of the Italian authorities. This chapter will deal with the impact of this judgment on the law of the sea rules concerning search and rescue at sea.