The “Push-back Policy” Struck Down Without Appeal? The European Court of Human Rights in Hirsi Jamaa and Others v. Italy

Abstract:

The judgment delivered on 23 February 2012 by the European Court of Human Rights in the case of Hirsi Jamaa and Others v. Italy is not only an international condemnation of the "push-back policy" enacted by Italy towards foreign nationals refoulés towards Libya, but also a warning to conform to the principles it contains, should similar cases arise again of migrants or asylum seekers intercepted at sea by the Italian authorities. What will the Italian government's conduct be after the judgment? Perhaps it will lead to less equivocal bilateral relations between Italy and Libya.