Operation Sophia Before and After UN Security Council Resolution No 2240 (2015)

Abstract

(Series Information) European Papers - A Journal on Law and Integration, 2016 1(1), 185-191 | European Forum Insight of 16 April 2016 | (Table of Contents) I. The context. Special attention to Operation Sophia's founding instrument: Council Decision (CFSP) 2015/778. - II. Political and Security Committee Decision (CFSP) 2016/118: what's new after Security Council resolution No 2240 (2015)? - III. Sophia and the EU in the world: international politics behind the Operation. - IV. The place of individuals in the legal framework of Operation Sophia. - V. The choice of the legal basis and some normative considerations regarding Sophia. | (Abstract) The Insight focuses on the Political and Security Committee Decision (CFSP) 2016/118 of 20 January 2016 concerning the implementation by EUNAVFOR MED operation SOPHIA of United Nations Security Council resolution 2240 (2015). It first provides the general context starting from Operation Sophia's founding instrument, Council Decision (CFSP) 2015/778 of 18 May 2015 on a European Union military operation in the Southern Central Mediterranean (EUNAVFOR MED). It then analyses the impact, on the Operation, of Security Council resolution No 2240 (2015), and the consequent Political and Security Committee Decision (CFSP) 2016/118 implementing the former. From a broader perspective, the insight briefly comments on the international politics behind the Operation and the role of the Union in this context. It also reflects on crucial legal issues raised by Council Decision (CFSP) 2015/778 like the place of persons captured and/or rescued on board ships participating in the Operation, the Council's choice of the legal basis and the normative dimension of the Decision.

Keywords

• csdp
• operation sophia
• migrant smuggling
• human trafficking
• southern central mediterranean
• unsc
• refugee crisis