With resolution 2240 (2015), the UN Security Council, invoking Chapter VII of the Charter of the United Nations, has authorised member states, acting nationally or through regional organisations, to enforce exceptional powers regarding inspection and seizure of vessels allegedly involved in human trafficking or migrant smuggling in international waters off the Libyan coast. As pointed out in the resolution, the UN Security Council took these actions ‘with a view to saving the threatened lives of migrants or of victims of human trafficking on board such vessels’ and in order ‘to promote and protect effectively the human rights and fundamental freedoms of all migrants, regardless of their migration status’. However, it is questionable whether, in practice, the authorised measures offer effective and concrete human rights guarantees to smuggled migrants. After setting the political and diplomatic context which led to the subsequent involvement of the UN Security Council, the present contribution aims at discussing some issues arising from resolution 2240 (2015), with a particular focus on the legal basis and the adequacy of the action authorised in order to counter migrant smuggling in light of the international obligations to protect fundamental rights of migrants. © 2017 Informa UK Limited, trading as Taylor & Francis Group.

UN Security Council Mediterranean Sea resolution 2240 (2015) Migrant smuggling fundamental rights of migrants

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