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Elena Carpanelli

Tijani and Amid, Appeal decision, No 15869, ILDC 3387 (IT 2022), 26th April 2022, Italy; Supreme Court of Cassation; 6th Criminal Section

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2023. All Rights Reserved.date: 11 December 2023

Whether migrants could rely on self-defence under Italian criminal law with respect to acts aimed at forcibly opposing their return to a country where they would risk facing torture or other inhumane or degrading treatment.

Whether the rescue of all persons in distress at sea amounted to an obligation under customary international law.

Whether the transfer of individuals in distress at sea to a place different from a place of safety violated the principle of non-refoulement.

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