Non-Governmental Organisations and Search and Rescue at Sea

Maritime Safety and Security Law Journal, Issue 4, 2018

26 Pages Posted: 26 Oct 2019

See all articles by Kristof Gombeer

Kristof Gombeer

Vrije Universiteit Brussels, Students; Research Foundation - Flanders (FWO); Leiden University, Leiden Law School, Europa Institute, Students

Melanie Fink

Leiden University - Europa Institute; Central European University (CEU) - Department of Legal Studies

Date Written: June 25, 2018

Abstract

Non-governmental organisations (NGOs) have become increasingly involved in search and rescue in the Mediterranean Sea in order to fill a gap in humanitarian protection. This article examines the legal framework of their search and rescue activities. The international law of the sea sets out an obligation to render assistance to persons in distress at sea. However, recent developments reveal that the relationship between NGO vessels rendering assistance and the affected coastal states is highly uncertain. This article addresses two particular questions: First, can NGOs navigate anywhere in order to render assistance at sea or can (coastal) states limit the rights of navigation of NGOs? Second, can coastal states give NGOs binding instructions concerning whether and how to conduct search and rescue and where to disembark the persons rescued? The article concludes that within their territorial sea, coastal states enjoy the power to determine, in a legally binding manner, how search and rescue operations are carried out, but that they may not deny NGOs access to distress scenes. Beyond their territorial sea, coastal states are neither entitled to issue binding instructions to foreign vessels nor limit their navigational freedom. In any case, all instructions have to comply with the substantive restrictions set out within the Search and Rescue regime and international human rights law.

Keywords: Boat Migrants, Human Rights, Mediterranean, NGOs, SAR Convention, Search and Rescue, UNCLOS

Suggested Citation

Gombeer, Kristof and Fink, Melanie, Non-Governmental Organisations and Search and Rescue at Sea (June 25, 2018). Maritime Safety and Security Law Journal, Issue 4, 2018, Available at SSRN: https://ssrn.com/abstract=3468719

Kristof Gombeer

Vrije Universiteit Brussels, Students ( email )

Laarbeeklaan 103
Pleinlaan 2
Brussels
Belgium

Research Foundation - Flanders (FWO) ( email )

Egmontstraat 5
Brussels, 1000
Belgium

Leiden University, Leiden Law School, Europa Institute, Students ( email )

Steenschuur 25
Leiden, 2311ES
Netherlands

Melanie Fink (Contact Author)

Leiden University - Europa Institute ( email )

Steenschuur 25
Leiden, 2311ES
Netherlands

Central European University (CEU) - Department of Legal Studies ( email )

Vienna
Austria

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