Obligations under the SAR Convention : an analysis

Abstract

The phenomenon of irregular maritime migration has triggered various complex distress situations, highlighting a tension between States' search and rescue obligations, border management concerns, and considerations of human rights and international refugee law. The current legal framework regulating search and rescue operations at sea is the International Convention on Maritime Search and Rescue (SAR Convention). The SAR Convention sets out the operative regime of maritime search and rescue by developing search and rescue regions ensuring coordination and cooperation. This dissertation focuses on examining States’ obligations under the SAR Convention. Furthermore, it also analyses the impact of the 2004 amendments to the SAR Convention. Close consideration will be given to the notions of distress and rescue, and the obligation of disembarkation of survivors to ‘a place of safety’ under the SAR Convention. This analysis will highlight that the lacunae present in the SAR Convention, owing to the lack of clear rules in relation to distress and disembarkation, have given rise to varying interpretations and practices among States, leaving both States and migrants without reliable fallback provisions. Reference to the reality of irregular migrant rescue operations in the Central Mediterranean will illustrate how these lacunae have also enabled States to prioritise political considerations over the duty to render assistance, undermining the primary objective of preventing loss of life at sea. Ensuring a holistic maritime legal instrument requires specific rules of reference with regards to key maritime search and rescue concepts like distress and disembarkation. This to be achieved together with enhanced human rights and refugee law considerations. This dissertation aims at contributing to the ongoing discussion for an integrated legal instrument dealing with States’ maritime search and rescue obligations apt to respond to irregular migration.