Litigation Strategies in the Mediterranean Sea: Analysis of Cases on Search and Rescue Joint Operations before the International Courts

Zusammenfassung

In this paper, we analyse the phenomenon of designing a litigation strategy. To do this, we study the case of search and rescue operations in the Mediterranean. In particular, we observe how teams of lawyers (supported by foundations and private donations) are trying to challenge EU immigration policies by developing different litigation strategies before the main international courts. To this end, we examine cases before the International Criminal Court, the European Court of Human Rights, and, more recently, the Court of Justice of the European Union (CJEU). By providing pro bono legal advice and representation to individual and organizational victims of EU migration policies, these law firms aim to change EU migration policies, provide redress to victims and hold to account those considered responsible.