Prosecuting Crimes Against Migrants Before Domestic Courts

The commission of crimes against migrants and refugees in Libya and along the Central Mediterranean route has long called for accountability of actors at different levels. Yet, despite broad recognition of these crimes, effective prosecutions remain a major challenge. Litigation efforts across national and international fora emphasize the responsibility of states in prosecuting extraterritorial crimes and fostering judicial cooperation. In Italy, the consistent arrival of migrants has prompted investigations into crimes they endure during their journey. Notwithstanding the absence of provisions on universal jurisdiction, Italian criminal law broadly extends to offences committed abroad, particularly those related to illegal immigration. However, as currently interpreted, the extraterritorial application of Italian criminal law limits prosecutions to mid- or lower-level perpetrators. Additionally, the absence of domestic provisions on international crimes compels reliance on ordinary offences, leaving significant gaps in accountability, especially concerning crimes against humanity. This article argues that Italian proceedings are crucial in addressing accountability for crimes committed against migrants in Libya and along the Central Mediterranean route, while critically assessing their limitations. Drawing on existing case law, it examines the potential for these proceedings to effectively target those most responsible for such crimes. The article concludes that a strengthened legal framework would enable Italy to tackle systemic crimes against migrants more comprehensively and to fully cooperate with national and international judicial authorities in fighting impunity.