Italian Court affirms:

Detention of SOS Humanity Rescue Ship was Unlawful

Berlin, 3. November 2025: SOS Humanity has won its first court case against the Italian government in the context of dozens of illegal and arbitrary detentions of non-governmental search and rescue vessels. A court of appeals reaffirmed the groundbreaking decision of the Court of Crotone in June 2024, clarifying that the EU-financed so-called Libyan Coast Guard cannot be considered a legitimate search- and rescue actor in the Mediterranean. Moreover, the ruling confirmed that SOS Humanity acted in accordance with international law in carrying out its search and rescue operations and that the detention of its rescue vessel has been unlawful. SOS Humanity is now seeking compensation from the Italian government. 

In June 2025, the Italian Court of Appeals in Catanzaro rejected an appeal by the Italian government against a 2024 ruling by the Court of Crotone, which declared the detention of the rescue vessel Humanity 1 in March 2024 to be unlawful and ruled that the so-called Libyan Coast Guard cannot be considered a legitimate search- and rescue (SAR) actor.  Moreover, it confirmed that Libya cannot be considered a place of safety for refugees and that SOS Humanity acted in accordance with international maritime law at any time. 

The appellant – the Italian Ministries of Interior, Transport and Finance – has decided not to challenge this ruling, while SOS Humanity is seeking for compensation for the financial damages caused by the unlawful detention of its rescue vessel. 

“Our successful legal action against the Italian governments unlawful detention of our rescue ship represents a historic milestone” says Janna Sauerteig, political expert at SOS Humanity. “Two different Italian courts have confirmed SOS Humanity’s long-standing position that we are acting in full accordance our with our obligation to assist people in distress at sea, as prescribed in international law conventions, to which Italy is a party. The two courts have clarified beyond doubt that the so-called Libyan Coast Guard is violating international law and can thus not be considered a legitimate rescue actor at sea. Finally, the decision shows that the Italian practice of detaining rescue vessels on false accusations based on the so-called Piantedosi-Law is unlawful.” 

Background: Detention of Humanity 1 in 2024 and ensuing legal action 

In March 2024, after rescuing 77 people from distress at sea, SOS Humanity’s rescue ship Humanity 1 had been detained by the Italian government for allegedly ignoring instructions by the Libyan authorities and endangering human lives. The search and rescue (SAR) organisation successfully appealed the decision in fast-track proceedings at the Civil Court in Crotone, Italy, which declared the detention of the rescue ship Humanity 1 to be unlawful and ordered its immediate release. 

In June 2024, the civil court confirmed and substantiated its ruling by highlighting that the so-called Libyan Coast Guard cannot be considered legitimate SAR-actor in the Mediterranean. It also made clear that unlawful instructions by the so-called Libyan Coast Guard must not be followed.  

In June 2025, the appeal of the Italian Government against this decision was rejected by the Court of Appeals in Catanzaro, confirming SOS Humanity’s position about the illegitimacy of the so-called Libyan Coast Gard and the unlawful practice of detaining rescue vessels.  

For years, the so-called Libyan Coast Guard is being funded and equipped by the European Union and its member states to intercept refugees in the central Mediterranean and return them to Libya, despite widely documented abuse against migrants and refugees amounting to crimes against humanity, according to the United Nations. Therefore, Libya cannot be considered a Place of Safety for people rescued from distress at sea according to international law.