A leading Italian NGO has filed a report to the International Criminal Court (ICC) and the International Court of Justice (ICJ) in The Hague calling on them to investigate Malta's 'failures' to adhere to international maritime rules with regards to search and rescue (SAR).

The Italian Coordinating Committee of Consumer Associations (Codacons) said that it has filed a protest with the ICC and the ICJ. It alleged that between last Saturday and Sunday, Malta has 'once again' failed to abide by its obligations to provide assistance to a drifting boat full of illegal immigrants, about 50 nautical miles off the Italian island of Lampedusa.

The NGO repeated allegations made earlier by Italy's Interior Minister Roberto Maroni, accusing Malta of 'washing its hands' and passing the buck onto the Italian authorities, who rescued the 209 migrants in Malta's SAR zone.

Codacons said that it wants the ICC to check whether Malta is in breach of the 1978 Hamburg Convention about the obligations of member states with regards to SAR.

The Italian organisation said that the ICC and the ICJ should see whether Malta's 'failures' are in contempt of international maritime law and whether the island is e failing to provide assistance as it is obliged to in its large SAR zone.

In a statement yesterday, the Ministry for Home Affairs denied the Italian allegations and said that the rescue referred to by Italy was coordinated by the Armed Forces of Malta in close collaboration with the Italian and Tunisian authorities. 

The ministry said that when the vessel was first reported to the Maltese Rescue Co-Ordination Centre, it was located 51 nautical miles south south-west of Lampedusa and 126 nautical miles southwest of Malta.

The Italian assets which were eventually deployed from Lampedusa were considerably closer to the vessel in distress and in a better position to effect the rescue operation in a timely manner than boats from Malta, it added.