EU accused of killing more than 14,000 by creating 'world’s deadliest migration route'

EU countries are have killed more than 14,000 people and exposed 40,000 more to “crimes against humanity” by attempting to stem the flow of migration from Libya. The lawsuit takes aim at France, Italy and Germany after they were considered to have played a significant role in the EU’s bid to protect its external borders. A 245-page legal submission demands punitive action over the EU’s migration policy after 2014, which the authors allege “intended to sacrifice the lives of migrants in distress at sea, with the sole objective of dissuading others in similar situations from seeking safe haven in Europe”.

Brussels is accused of creating the “world’s deadliest migration route” resulting in the death of more than 14,000 migrants who have drowned in the Mediterranean Sea.

The submission states: “In order to stem migration flows from Libya at all costs and in lieu of operating safe rescue and disembarkation at the law commands, the EU is orchestrating a policy of forced transfer to concentration camps-like detention facilities were atrocious crimes are committed.”

Juan Branco, who formerly worked at the ICC and France’s foreign affairs ministry, and Israeli lawyer Omer Shatz, who teaches at the Sciences Po university in Paris, both authored the submission.

Their legal submission document includes public statements from French President Emmanuel Macron, German Chancellor Angela Merkel and other top EU officials.

The ICC is often used a last-resort court that handles cases of war crimes, crimes against humanity and genocide when other countries are not willing or are unable to prosecute.

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EU accused of 14,000 migrant deaths in International Criminal Court submission (Image: GETTY)

Mr Branco said: “We leave it to the prosecutor, if he dares, if she dares, to go into the structures of power and to investigate the heart of Brussels, of Paris, of Berlin and Rome and see by searching in the archives of the meetings of the negotiations who was really behind the scenes trying to push for these policies that triggered the death of more than 14,000 people.”

According to the document, the first crime was the decision to end the Mare Nostrum rescue operation at the end of 2014.

In just one year, the operation rescued 150,810 migrants in the Mediterranean as hundreds of thousands attempted to make the deadly crossing.

The £8 million-a-month operation was replaced by the so-called Triton scheme, which was almost entirely paid for by Italy at a fraction of the cost.

Triton’s rescue vessels did not operate of of the Libyan coast, allowing migrant deaths to soar.

The submission says Triton only covered “an area up to 30 nautical miles from the Italian coastline of Lampedusa, leaving around 40 nautical miles of key distress area off the cost of Libya uncovered”.

According to figures from the International Organisation for Migration, in 2014, around 3,200 migrants died in the sea. The following year, the number rose to over 4,000 and in 2016 peaked at over 5,100 deaths and disappearances.

The lawyers argue: “EU officials sought to end Mare Nostrum to allegedly reduce the number of crossings and deaths. However, these reasons should not be considered valid as the crossings were not reduced. And the death toll was 30-fold higher.”

They also allege EU officials “not not shy away from acknowledging that Triton was an inadequate replacement for Mare Nostrum”.

An internal Frontex, the EU’s border agency, report from August 28, 2014 quoted in the their submission says “the withdrawal of naval assets from the area, if not properly planned and announced well in advance – would likely result in a higher number of fatalities”.

The submission also alleges that the EU left around 40,000 refugees at risk of “executions, torture and other systematic rights abuses” in militia-controlled camps in Libya.

The document states: “European Union officials were fully aware of the treatment of the migrants by the Libyan Coastguard and the fact that migrants would be taken to an unsafe port in Libya, where they would face immediate detention in the detention centres, a form of unlawful imprisonment in which murder, sexual assault, torture and other crimes were known by the European Union agents and officials to be common.”

Spanish foreign minister Josep Borrell, who is said to be targeting becoming the EU’s foreign policy chief, said Libya’s migrant holding camps “cannot be referred to as detention centres”.

Yesterday, he told reporters in Morocco: “We are trying all means to help Libya provide migrants with the best possible conditions.”

The submission was handed to the ICC yesterday, but there are no guarantees a case will be brought by its prosecutor.

The ICC receives a number of similar requests asking for investigations into war crimes and crimes against humanity.

Dov Jacobs, an ICC defence lawyer, who isn’t requested to the request, said: “The more detailed the communication, the more likely the prosecutor will take it seriously.”

A European Commission spokeswoman said: “The EU’s track record on saving lives in the Mediterranean speaks for itself, saving lives has been our top priority and we have been working relentlessly to this end.”

A statement by the Brussels-based executive added: ““Our priority has always been and will continue to be protecting lives and ensuring humane and dignified treatment of everyone throughout the migratory routes. It’s a task where no single actor can ensure decisive change alone.

“All our action is based on international and European law. The European Union dialogue with Libyan authorities focuses on the respect for human rights of migrants and refugees, on promoting the work of UNHCR and IOM on the ground, and on pushing for the development of alternatives to detention, such as the setting up of safe spaces, to end the systematic and arbitrary detention system of migrants and refugees in Libya.

“Search and Rescue operations in the Mediterranean need to follow international law, and responsibility depends on where they take place. EU operations cannot enter Libya waters, they operate in international waters. SAR operations in Libyan territorial waters are Libyan responsibility.”

source: express.co.uk