Legal Brief on International Law and Rescue at Sea
For further information on international law relating to rescue at sea, please see
“UNHCR/IMO Informational Pamphlet: Rescue at Sea” included in this
conference binder.
1 Legal Framework
United Nations Convention on the Law of the Sea, 1982, Article 98
International Convention on Maritime Search and Rescue, 1979, as amended,
International Convention for the Safety of Life at Sea, 1974, as amended, chapter V,
regulation33
Convention on Facilitation of International Maritime Traffic, 1965, in particular
Section 6.C, Standards 6.8-6.10
International Convention on Salvage, 1983, Article 11
Resolution A.773(18) on Enhancement of safety of life at sea by the prevention and
suppression of unsafe practices associated with alien smuggling by ships
Resolution A.871(20) on Guidelines on the allocation of responsibilities to seek the
successful resolution of stowaway cases
Resolution A.867(20) on Combating unsafe practices associated with the trafficking
or transport of migrants by sea
IMO Global SAR Plan. SAR.8/Circ.1 and addenda addresses (the Admiralty List of
Radio Signals, Volume 5, is a practical alternative)
United Nations Convention relating to the Status of Refugees, 1951 and its 1967
Protocol
UN Convention against Transnational Organized Crime, 2000 and its Protocols,
Protocol against the smuggling of migrants by land, sea and air; and Protocol to
Prevent, Suppress and Punish Trafficking in Persons, Especially Women and
Children.
MSC/Circ.896/Rev.1 on Interim measures for combating unsafe practices associated
with the trafficking or transport of immigrants by sea
2 Obligation to provide assistance to persons in distress at sea,
Responsibility of the shipmaster
(United Nations Convention on the Law of the Sea, 1982, International Convention
for the Safety of Life at Sea, 1974, as amended)
Shipmasters have certain duties that must be carried out in order to provide for safety
of life at sea, preserve the integrity of global SAR services of which they are part, and
to comply with humanitarian and legal obligations.
In order to more effectively contribute to safety of life at sea, ships are urged to
participate in ship reporting systems established for the purpose of facilitating SAR
operations.
3 Obligation to establish search and rescue centres (Responsibilities and
preparedness)
(The International Convention for the safety of life at sea, Chapter 5, Reg 7, The
International Convention on maritime search and rescue, Chapter 1.3.2, as amended)
Governments should ensure that their respective rescue co-ordination centres (RCCs)
and other national authorities concerned have sufficient guidance and authority to
fulfil their duties
Governments should ensure that their RCCs and rescue units are operating in
accordance with the standards and procedures in the IAMSAR Manual and that all
ships operating under their flag have on board Volume III of the IAMSAR Manual.
A ship should not be subject to undue delay, financial burden or other related
difficulties after assisting persons at sea; therefore coastal States should relieve the
ship as soon as practicable.
Normally, any SAR co-ordination that takes place between an assisting ship and any
coastal State(s) should be handled via the responsible RCC.
Each RCC should have effective plans of operation and arrangements (interagency or
international plans and agreements if appropriate) in place for responding to all types
of SAR situations.
4 Humanitarian obligations: State obligations under the international law
IMO Resolution A 920 (22): safety measures and procedures for the treatment of
persons rescued at sea
The objectives are to help ensure that:
.1 survivors of distress incidents are provided assistance regardless of
nationality or status or the circumstances in which they are found;
.2 ships, which have retrieved persons in distress at sea, are able to deliver the
survivors to a place of safety; and
.3 survivors, regardless of nationality or status, including undocumented
migrants, asylum seekers and refugees, and stowaways, are treated, while on board, in
the manner prescribed in the relevant IMO instruments and in accordance with
relevant international agreements and long-standing humanitarian maritime traditions.
5 2004 Amendments to SOLAS and SAR
th
(78 session of MSC)
chapter V of the International Convention for the Safety of Life at Sea
(SOLAS)
chapters 2, 3 and 4 of the Annex to the International Convention on Maritime Search
and
Rescue Convention (SAR Convention).
Purpose of these amendments: is to help ensure that persons in distress are
assisted, while minimizing the inconvenience to assisting ships and ensuring the
continued integrity of SAR services.
Amendments impose upon Governments an obligation to co-ordinate and co-
operate to ensure that masters of ships providing assistance by embarking persons in
distress at sea are released from their obligations with minimum further deviation
from the ship’s intended voyage.
6 Place of safety
A place of safety (as referred to in the Annex to the 1979 SAR Convention,
paragraph 1.3.2) is a location where rescue operations are considered to terminate. It
is also a place where the survivors. safety of life is no longer threatened and where
their basic human needs (such as food, shelter and medical needs) can be met. Further,
it is a place from which transportation arrangements can be made for the survivors.
next or final destination.
Governments should co-operate with each other with regard to providing
suitable places of safety for survivors after considering relevant factors and risks.
The need to avoid disembarkation in territories where the lives and freedoms
of those alleging a well-founded fear of persecution would be threatened is a
consideration in the case of asylum-seekers and refugees recovered at sea.