Berlin, 8 October 2026. After almost three years of legal action, the Court of Appeal in Catanzaro, Italy, declared the detention imposed on Humanity 1 in December 2023 unlawful. The court dismissed the Italian government’s position that the captain had failed to obey instructions from the so-called Libyan Coast Guard, ruling that those instructions were illegitimate. Affirming that Libya is not a place of safety, the court highlighted that orders that would result in returning people to Libya are not binding, adding that ships refusing to follow them cannot be sanctioned.

In its ruling on 23 September 2026, the Court of Appeals declared the detention imposed on Humanity 1 in December 2023 to be unlawful and stated that the rescue of 46 people at risk of drowning was conducted in full compliance with international maritime and European law. The ruling strengthens the legal position of SOS Humanity and the Justice Fleet alliance who do not consider the so-called Libyan Coast Guard to be a legitimate search and rescue actor.

“This important ruling makes it clear again that Libya is not a place of safety and that a rescue only ends in such a safe place. Not complying with unlawful orders from maritime actors who breach the law by forcing people in distress back to Libya instead of rescuing them is not sanctionable”, states Cristina Cecchini, lawyer for SOS Humanity, who together with Giulia Crescini is defending SOS Humanity in court.

Relying on the judgment of the Italian Constitutional Court no. 101/2025, the Court of Appeals stated that a rescue at sea is complete only when survivors are disembarked in a place of safety where their lives and fundamental rights are protected. Orders that would breach this obligation are not binding.

“This decision has the great merit of applying the principles of the Italian Constitutional Court’s decision on the sanctioning of non-governmental search and rescue organisations in May 2025. It sets a valuable precedent for pending proceedings and for any future detentions, which shows that international law and human rights are the basis of any jurisdiction,” adds Giulia Crescini, lawyer of SOS Humanity. “The ruling clarifies that a court must consider whether the rescued people would realistically have disembarked in a place of safety in line with maritime law.”

On 30 November 2023, the crew of Humanity 1 rescued 46 people in distress. Subsequently, Humanity 1 was detained on grounds of the Piantedosi law. The Italian authorities accused the captain of not having followed orders by the Libyan maritime authorities and of contributing to a dangerous situation. SOS Humanity immediately appealed the decision, which was subsequently dismissed by the Administrative Court of Crotone. The Catanzaro ruling overturns this decision and is the latest in a series of judgments declaring the detention of non-governmental rescue vessels by the Italian authorities unlawful.

“This is one more ruling that holds up to international law and human rights, which search and rescue organisations are fighting for in the Central Mediterranean. Once again, a court decision shows that administrative detentions under the Piantedosi decree-law are punitive and unlawful,” says Janna Sauerteig, Head of Advocacy at SOS Humanity.

Background Information:

• On 2 December 2023, Humanity 1 was detained for “not having followed orders by Libyan authorities” and for having “contributed to creating the dangerous situation”. SOS Humanity immediately appealed the detention of Humanity 1.
• At the third hearing on the appeal, on 13 February 2025, a judge at the Court of Crotone rejected SOS Humanity’s appeal against the detention.
• SOS Humanity appealed against the decision of the Court of Crotone at the Court of Appeals in Catanzaro.
• On 23 September 2026, the Court of Appeals in Catanzaro decided in favour of SOS Humanity.
• SOS Mediterranee’s press release on the Constitutional Court decision from 8 July 2025.