Adrift at Sea, State Obligations and the Plight of Sea-Bound Refugees

Abstract

Every year, thousands of people risk their lives crossing dangerous maritime routes to escape persecution, conflict, violence, economic hardship or environmental catastrophe. The Mediterranean Sea, the Andaman Sea, and the waters north of Australia have become major pathways for these perilous journeys, often undertaken in unseaworthy vessels controlled by human trafficking and smuggling networks. In 2022, more than 159,000 people risked their lives trying to reach Europe by land and sea; more than 2,439 are dead or missing.[1] In 2023, over 280,000 people departed from North Africa on dangerous sea journeys to Europe, with 3,311 reported dead or missing. This marks a significant increase compared to the previous year, with a 58% rise in departures and a notable increase in deaths and missing people. The Central Mediterranean route (the route from Algeria, Egypt, Libya and Tunisia to Italy and Malta) has long been the deadliest migration route in the world. According to the International Organization for Migration (IOM) nearly 2,500 people died or went missing as they attempted to cross the stretch in 2023.[2] However, the exact number of deaths recorded in the Mediterranean Sea alone cannot be ascertained; Between 2014 and 2018, for instance, about 12,000 people who drowned were never found.[3]

This increasing number of refugees fleeing by sea underscores a crucial intersection between international law and the dire circumstances faced by these vulnerable individuals. This paper explores the obligations of states under international law to safeguard refugees fleeing by the sea. It evaluates the existing international and regional legal frameworks that define state responsibilities, examines the challenges encountered by refugees at sea, and assesses the need for a comprehensive review of the relevant international instruments to address any existing gaps and strengthen protection mechanisms.

[1] UNHCR, Refugee Statistics, https://www.unrefugees.org/refugee-facts/statistics/, last visited: 04/30/025.

[2] Norwegian Refugee Council, https://www.nrc.no/feature/2024/10-things-you-should-know-about-the-Central-Mediterranean-migration-route, last visited 04/30/2025.

[3] Deaths of Migrants in the Mediterranean Sea 2014-2024, https://www.statista.com/statistics/1082077/deaths-of-migrants-in-the-mediterranean-sea/, last visited: 04/30/2025.