The criminalization of humanitarian work has increased since the peak of migration out of Syria in 2016. The actions taken by EU member states have left asylum-seeking immigrants isolated and devoid of assistance upon their arrival in Europe, following arduous and dangerous journeys
Video: Samar Layek on Pexels
Nearly a decade has passed since the height of the Syrian Refugee Crisis in 2015, yet its repercussions persist. With over 5 million registered Syrian refugees globally, its enduring impact is unmistakable. This crisis has permeated popular culture, inspiring numerous films and books that illuminate its human stories. Moreover, it has served as a focal point in media coverage, unveiling instances of racism towards Syrians and sparking debates on immigration policies. Its aftermath continues to reverberate in Europe and beyond, as ongoing legal battles underscore the lasting consequences of this humanitarian catastrophe.
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During the Tokyo 2020 Olympics, Yusra Mardini gained recognition as a 23-year-old swimmer representing the Refugee Olympic Team. She had made the journey from war-torn Syria to Germany with her sister, working her way to the Olympic stage. She wrote her experiences in a book, called "Butterfly: From Refugee to Olympian – My Story of Rescue, Hope, and Triumph," which was then adapted into a movie. This was during the height of the migration crisis in Syria due to the multi-sided civil war in the country.
The story of Yusra Mardini is one of resilience and hope, but it is not the only one. Sarah Mardini, Yusra's sister, is another example of the strength and courage displayed by Syrian refugees. Sarah was a student in Damascus when the war broke out, and she later became a volunteer with the Emergency Response Centre International, a humanitarian organization that provides aid to refugees. She was involved in rescue operations, helping to save the lives of thousands of refugees crossing the Aegean Sea from Turkey to Greece.
While Yursa was busy training for the Olympics, Sarah went back to the Island of Lesbos, in Greece, one of the places they passed during their journey, many times over two years to volunteer with the Greek non-profit Emergency Response Center International (ECRI), “a non-profit organization that provides emergency response and humanitarian aid in life-threatening environments.”
In 2018, Sarah faced legal troubles when she was arrested as she prepared to leave Lesbos for Bard University in Berlin. Accused by Greek police of various offenses, she spent three months in jail before being released on bail. One of the accusations involves labeling the operations conducted by the nonprofit as a criminal organization. These operations, including monitoring maritime radio channels and websites for refugee boat information, are being portrayed as espionage, and fundraising efforts are being likened to money laundering.
Similar accusations were levied against other volunteers, including Athanasios Karakitsos and Seán Binder, who also participated in rescue operations. Despite their work being within the scope of humanitarian efforts, they are at risk of lengthy prison sentences, up to 25 years. Their case is still ongoing.
The plight of Syrian refugees is not isolated. Conflicts in regions like Libya and other North African countries have driven countless individuals to seek refuge in countries perceived as safer, such as Italy and Greece. Yet, the perilous journey across the Mediterranean often requires the intervention of humanitarian groups to ensure their safe passage.
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However, tensions arise as these efforts clash with governmental policies aimed at curbing illegal immigration. In many cases, the government considered these refugee-searching missions on the high seas to be criminal. The Italian government, in particular, has viewed rescue missions at sea with suspicion, citing concerns about human trafficking, disease transmission, and environmental impact. This has led to a contentious standoff between humanitarian workers driven by compassion and governments prioritizing border control.
The increased scrutiny and regulation are faced by anyone assisting immigrants, including lifeguards, journalists, clergy members, volunteers, and NGOs. Stemming from the vague and expansive definitions of migrant smuggling in both EU and national laws, even well-intentioned acts of aid can be classified as crimes under the Facilitation Directive, leaving individuals vulnerable to accusations of enabling irregular migration.
Including the following scenarios:
According to Resoma research conducted as of December 2019, the extent of this criminalization is alarming:
In Sarah's case, Human Rights Watch has stated that Sarah and her fellow humanitarians, who conducted search and rescue missions in the Aegean Sea and provided aid to arrivals on Lesbos, did not violate the law. The law they allegedly breached, Law 4251 of 2014, explicitly exempts assistance to asylum seekers. Furthermore, they were associated with a registered humanitarian organization