The Sea Watch-5, a vessel belonging to a civil fleet, was operating in international waters, specifically within the Libyan Search and Rescue (SAR) zone. This area is officially recognized under international law as falling under the jurisdiction of Libya for conducting rescue missions; however, NGOs contest this recognition due to ongoing alleged human rights violations in Libya. They often invoke international law selectively to further their narrative against the actions of sovereign states. In this specific incident, the NGO did not notify Libyan authorities about their operation, citing concerns over human rights abuses, and the Italian judges have sided with them by suspending the detention order.

By suspending the detention order issued by Italian authorities for failing to notify Libya, the judges effectively acknowledge the legitimacy of the NGO's action. This ruling illustrates the ongoing conflict between judicial interpretations of maritime law and the operational practices of NGOs involved in migrant rescues. It further complicates Italy's efforts to enforce its policies on illegal immigration and the operations of rescue ships.

This is not an isolated situation, as judges have previously made similar decisions, indicating a pattern in the Italian legal system that often supports the activities of NGOs over state enforcement. This ongoing tug-of-war raises significant questions about sovereignty, international law, and the responsibilities of NGOs in the context of humanitarian interventions at sea.