On February 17, the Italian Supreme Court of Cassation ruled that returning irregular refugees and migrants rescued in the Mediterranean to Libya is a “crime,” as it is not safe for migrants and refugees trying to cross the shores of North Africa heading to Europe, a decision that would put the two migration agreements signed between The Italian government and Libya in February 2017 and Tunisia in 2023 at stake. This ruling also undermines the plans of the government of Prime Minister Giorgia Meloni to limit migration flows coming from the coasts of the two countries towards its lands.

The judicial ruling issued in Rome may have negative consequences on the Italian government’s policies aimed at combating irregular immigration, as it opens the door to challenges to the agreements that the Italian government signed with Libya since 2017, and Tunisia in 2023, especially from opposition forces in Italy that accuse the government of abandoning moral and human rights obligations in exchange for achieving security and political gains at the expense of vulnerable groups.

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