/library/oar/handle/123456789/128418 2025-11-11T09:57:18Z 2025-11-11T09:57:18Z /library/oar/handle/123456789/135862 2025-05-28T12:57:55Z 2024-01-01T00:00:00Z

Title: Assessing human rights violations in migrant rescues : a comparative analysis Abstract: In the last decade, the Mediterranean Sea has emerged as one of the main migratory routes used by thousands of people who, in search of better opportunities and a safer life, face the dangers inherent to these crossings in the hope of reaching Europe. However, the precariousness of the conditions in which these crossings are carried out is a determining factor that has contributed significantly to the tragic outcomes in the Mediterranean. In this context, the search and rescue (SAR) services of coastal States play a crucial role in safeguarding human life at sea, underscoring the urgent need to reinforce such operations to address this humanitarian crisis. This study aims to conduct a comprehensive analysis of the regulatory framework governing SAR operations in order to identify its main shortcomings and the challenges that have hindered the incorporation of humanitarian considerations in its implementation and development. A mix of research methods is employed for this purpose: the comparative legal research and the doctrinal research. This approach allows for an in-depth analysis of SAR cooperation between States from both a theoretical and practical perspective. In this regard, a comparative analysis of joint SAR operations between Italy and Malta in the central Mediterranean, and between Spain and Morocco, in the western Mediterranean has been carried out. The results reveal the main differences in the practice of SAR cooperation in these two migratory contexts, as well as the fundamental challenges to be overcome in order to achieve a more effective SAR regulation, in which humanitarian considerations and the interest in the protection of human life at sea prevail over the traditional sovereignty and security interests of States in the face of irregular immigration. Description: LL.M.

2024-01-01T00:00:00Z /library/oar/handle/123456789/128698 2024-11-15T13:36:15Z 2024-01-01T00:00:00Z

Title: Terrorism : should it constitute a crime against humanity? Abstract: This abstract explores the controversial question of whether terrorism should be considered a crime against humanity. The indiscriminate and far-reaching effects of terrorism have prompted discussions regarding its classification within the framework of international law. This study endeavours to provide a comprehensive evaluation of whether terrorism satisfies the contextual requirements for crimes against humanity by analysing the essential elements of crimes against humanity and applying them to terrorism acts. Incorporating legal definitions, historical context, and international conventions, this study examines the obstacles raised by the international community for excluding terrorism from the ICC Statute as well as the definitional problem of a lack of international consensus on terrorism's definition. It examines the contextual elements necessary for an act to be classified as a crime against humanity, contrasting these criteria with the often erratic and sporadic nature of terrorist activities. In addition, the paper investigates the concept of terrorism and its impact on international law, contrasting it with the fundamental purpose of crimes against humanity, which address the core crimes affecting humanity as a whole. Through comparative case studies and analysis of pertinent jurisprudence, the study examines the relevant jurisprudence and contextual factors where terrorist acts can be prosecuted as crimes against humanity. It provides a thorough analysis of the application of legal principles and the obstacles encountered in establishing the necessary elements for this classification. In addition, the study considers the potential ramifications of designating terrorism as a crime against humanity, including its impact on international cooperation, legal norms, and counterterrorism efforts. This study's findings contribute to the ongoing conversation regarding the classification of terrorism as a crime against humanity. By comparing and contrasting the characteristics of these two concepts, this paper sheds light on the complexities inherent in their legal classification. Description: LL.M.(Melit.)

2024-01-01T00:00:00Z