‘Eyes over the Mediterranean’: remote control and the limits of human rights jurisdiction at sea

Abstract

Remote sensing (RS), the science of gathering data from a distance through satellites, planes or drones, has been extensively employed in ocean monitoring for research and maritime security purposes. Despite the undeniable positive impact of RS on identifying existing or potential maritime security threats, its various uses may also adversely affect the enjoyment of human rights (HR) at sea. The Mediterranean Sea is no exception. An increasing number of maritime surveillance operations in the Mediterranean using RS technologies raise distinct jurisdictional challenges, particularly in relation to two categories of rights: privacy-related rights and the core rights of individuals aboard vessels, including the right to life and the prohibition of ill-treatment. Central to these jurisdictional challenges is the determination of ‘effective control’, the most pertinent threshold criterion for establishing jurisdiction under international human rights law, in cases where only virtual, rather than physical, control can be identified. This article examines the specific features of maritime surveillance using RS technologies in the Mediterranean and their impact on the enjoyment of HR, with particular emphasis on the case law of the European Court of Human Rights and the views of the UN Human Rights Committee. It explores the extent to which maritime scenarios arising from States’ RS practices in the Mediterranean complicate the application of these bodies’ respective approaches to jurisdiction and assesses their adequacy in addressing situations in which such practices may infringe the human rights of people at sea.