Italy’s Top Court Publishes Reasons for Salvini’s Final Acquittal in Open Arms Case

Overview

• The Court of Cassation released its written motivations explaining that the Open Arms was denied entry to Lampedusa yet was free to sail elsewhere, so the actions did not meet the crime of kidnapping.
• Spain, the ship’s flag state, assigned a port for disembarkation and later shifted the destination to the closer Palma de Mallorca to cut time on board compared with an initial plan for Ceuta.
• Italian authorities offered additional vessels, including an immediately available Coast Guard boat to transfer people and escort the ship toward Spanish waters.
• Judges noted repeated Italian requests for the Open Arms commander to specify needed equipment for transfers, which went unanswered, and they recorded plans for a Spanish Navy unit to approach the NGO ship.
• The ruling caps a path from a 2024 Palermo acquittal to a definitive Supreme Court decision, and it underscores how flag-state roles and state-to-state coordination shape legal duties during sea rescues.