International Law and the Rescue of Refugees at Sea

Posted: January 2nd, 2023

International Law and the Rescue of Refugees at Sea
The rescue of refugees at sea is a complex and often contentious issue that involves a range of legal, moral, and practical considerations. International law plays a significant role in shaping the way that refugees at sea are treated, as well as the obligations of states and other actors to provide assistance and protection.
Under international law, refugees have the right to seek asylum and to be protected from persecution, regardless of how they arrive in a particular country. This right is codified in the 1951 Convention Relating to the Status of Refugees and its 1967 Protocol, which provide a legal framework for the protection of refugees and outline the obligations of states to respect their rights.
In the context of the rescue of refugees at sea, the fundamental principle of non-refoulement, or the prohibition on returning refugees to a place where they would face persecution, is particularly relevant. This principle is reflected in a range of international instruments, including the Convention Against Relating to the Status of Refugees and the International Covenant on Civil and Political Rights, and prohibits states from returning refugees to a place where their lives or freedom would be threatened.
The rescue of refugees at sea is also governed by a range of other international legal instruments, including the 1982 United Nations Convention on the Law of the Sea (UNCLOS), which sets out the rights and duties of states in relation to maritime activities, and the 1979 International Convention on Maritime Search and Rescue (SAR), which establishes a legal framework for the rescue of persons in distress at sea.
In practice, the rescue of refugees at sea is often carried out by a range of actors, including coast guards, navies, and civilian vessels, such as cargo ships and passenger ferries. The obligations of these actors to rescue refugees at sea are not always clear, and can vary depending on the circumstances and the applicable legal regime.
For example, under the SAR Convention, vessels are required to assist any person in distress at sea, regardless of their nationality or status. However, in some cases, vessels may be hesitant to rescue refugees for fear of being held liable for any costs associated with their care, or for fear of being accused of facilitating illegal migration.
In recent years, the rescue of refugees at sea has become a particularly contentious issue in the Mediterranean, where many refugees from conflict-affected countries in the Middle East and Africa have attempted to reach Europe by sea. The number of refugees attempting to make this journey has increased dramatically in recent years, leading to a significant strain on the resources of states and other actors involved in rescue efforts.
In response to the crisis, the European Union (EU) has implemented a range of measures to address the rescue of refugees at sea, including the deployment of naval assets, the establishment of search and rescue (SAR) operations, and the provision of funding to support NGOs and other organizations involved in rescue efforts. However, the EU’s efforts have also been met with criticism from some quarters, with some arguing that they do not go far enough to address the root causes of the crisis and do not adequately protect the rights of refugees.
The rescue of refugees at sea is a complex and challenging issue that requires a coordinated and comprehensive approach that takes into account the legal, moral, and practical considerations involved. Ensuring the protection of refugees and upholding the principles of international law will require the efforts of a range of actors, including states, NGOs, and the private sector.