three questions on maritime law and the reception of migrants in the Mediterranean

There is still no port to accommodate the Ocean Viking. The NGO SOS Méditerranée boat has been stuck at sea for 19 days. It carries 234 survivors of the waters on board has still not obtained the green light from a country to disembark its passengers on dry land. Government spokesman Olivier Véran interviewed on franceinfo on Wednesday November 9 believes that the boat should be “welcomed by Italy”. He accuses Rome of not respecting its European commitments. Franceinfo takes stock of the rules on the rescue and reception of migrants in the Mediterranean by European countries.

1What are the rules in the event of a shipwreck?

This is not the first time that migrants have been stranded in the Mediterranean on humanitarian ships. However, there are many rules in this area. First of all, the basic principle is fixed by maritime law, anyone in danger at sea must be rescued, that is indisputable. Therefore, any boat captain who is aware of a distress situation must provide assistance. This principle is reaffirmed in a whole series of international conventions.
Another obligation, coastal States must create rescue and research centers at sea and collaborate to provide relief. More than a hundred States have thus signed the convention on maritime search and rescue, known as the SAR convention. This convention creates SAR zones, ie geographical search and rescue areas, each managed by a State.

2Once the people have been rescued, how is disembarkation organised?

The rule is that when a ship intervenes in a SAR zone managed by a State, it must first ask that State to be able to disembark in a safe place and within a reasonable time. Concretely, if SOS Méditerranée saves shipwrecked people in the area managed by Malta then it is in Malta that the NGO must ask to be able to dock. The problem is that some countries do not respond to these requests. In the case of the Ocean Viking, with no response from Malta and faced with an emergency, the NGO therefore had to extend its appeal to find a port of reception. The rule is to contact the country that has the closest search area. The NGO therefore made a request to Italy but it did not respond either.

3What are the European commitments?

France is therefore right to say that Italy has not honored its commitments. Malta and Italy have not respected maritime law and the various conventions, and this is not the first time because in reality it is a thorny subject within the European Union. The so-called “first entry” countries, such as Malta or Italy, believe they are overwhelmed by the influx of migrants and therefore refuse to welcome these boats.

In June 2022, a majority of Member States had agreed on the principle of a solidarity pact. To put it simply, the Mediterranean countries welcome the boats in their ports and the other European States then undertake to take a share of asylum seekers or at least help the host countries financially.