The Vos Thalassa case. The principle of non-refoulement and the recognition of self-defence for migrants returned to Libya

Abstract

At the end of a troubled criminal case, the Supreme Court of Cassation recognized the justification of the self-defence in favour of some migrants who had opposed the refoulement to the Libyan coast, a place where it was con-sidered that they could run the risk of suffering torture or inhuman or degrading treatment. The three judgments through which the case developed offer plenty of food for thought, including the criticalities of the judgment of the Court of Appeal of Palermo and the debate on the requirements of the aforementioned justification.