The Smuggling Protocol and the Criminalization of Humanitarian Activities at Sea

This paper focuses on some recent events of criminalization of humanitarian activities at sea in Italy, and precisely the Open Arms and the Sea Watch 3 cases. It is stated that criminalization of humanitarian activities at sea is largely due tu a substantial 'implementation gap' between the Smuggling Protocol and the current EU legal framework on people smuggling, that is the so-called 'Facilitators' Package' of 2002. It is further contended that legal certainty requirements make legislative reform necessary in Italy to prevent the criminalization of humanitarian activities at sea