double Jeopardy: Legal and policy challenges facing commercial ships conducting maritime rescue
Introduction
The duty to rescue persons in distress at sea is one of the oldest and mostuniversally recognised principles in international law, binding on all shipmasters regardless of flag or voyage. In practice, however, there is significant legal and operational uncertainty for the commercial vessels that carry out many of these rescues. Merchant shipmasters have faced criminal prosecution both for bringing rescued migrants to Europe and for returning them to unsafe countries, and while convictions remain rare, prolonged disembarkation delays (sometimes lasting several weeks) are more common. The financial costs of these delays can reach USD 500,000 per week for large commercial vessels.
This report reviews the legal framework governing maritime rescue and examines nearly two dozen real-world cases involving commercial vessels,drawing on open-source reporting to document prosecutions, delays, and their human and financial consequences. It also explores potential legal protections,from humanitarian exemptions to smuggling and facilitation laws, to clearer cost sharing language in charterparty agreements. The report's central finding is that commercial seafarers are increasingly expected to shoulder significant legal, financial, and psychological risk without adequate legal clarity or institutional support, a situation that risks becoming a deterrent to rescue if it continues.
Introduction
The duty to rescue persons in distress at sea is one of the oldest and mostuniversally recognised principles in international law, binding on all shipmasters regardless of flag or voyage. In practice, however, there is significant legal and operational uncertainty for the commercial vessels that carry out many of these rescues. Merchant shipmasters have faced criminal prosecution both for bringing rescued migrants to Europe and for returning them to unsafe countries, and while convictions remain rare, prolonged disembarkation delays (sometimes lasting several weeks) are more common. The financial costs of these delays can reach USD 500,000 per week for large commercial vessels.
This report reviews the legal framework governing maritime rescue and examines nearly two dozen real-world cases involving commercial vessels,drawing on open-source reporting to document prosecutions, delays, and their human and financial consequences. It also explores potential legal protections,from humanitarian exemptions to smuggling and facilitation laws, to clearer cost sharing language in charterparty agreements. The report's central finding is that commercial seafarers are increasingly expected to shoulder significant legal, financial, and psychological risk without adequate legal clarity or institutional support, a situation that risks becoming a deterrent to rescue if it continues.