ABSTRACT
On 2 February 2017, Italy signed a highly controversial Memorandum of Understanding on Cooperation in the Field of Development, Fight against Illegal Immigration, Trafficking in Human Beings and Smuggling and on Enhancement of Border Security with Fayez Mustafa Serraj, President of the Council of the Libyan Government of National Accord. This chapter demonstrates that European States – Italy – cannot shift their responsibility under international law to Third States, at least with respect to the rule of customary international law prohibiting torture and inhuman treatment. In point of fact, during the months of July and August 2017, Libya started to implement the said agreement and arrivals of migrants to Italy’s coast decreased significantly. The Libyan Government of National Accord, born in January 2016, has been recognized as “the sole legitimate government of Libya” not only by the UN, but also by the African Union, the European Union and many states, including Italy.
