The disembarkation of migrants rescued at sea : where is the ‘solidarity’?

Abstract

Irregular maritime migration is faced with an overlap of various - and sometimes conflicting - branches of internation law. Furthermore, the phenomenon is characterized by potentially conflicting interests: between the legitimate interests of States and the mandates of international law, between the jurisdictional notions and humanitarian considerations, between principles of State sovereignty and principles of protection. The unique character of irregular maritime migration calls upon States to consider principles other than policing and interdiction since at the core of the activity lie persons on the move, therefore requiring consideration of issues of human welfare and dignity. These considerations come to the fore in the rescue at sea scenario, wher subsequent disembarkation is neccesary. This contribution seeks to present the issue of disembarkation through an analysis of the duty of States under International law, predominantly under the SOLAS and SAR Conventions. The EU aspect is then discussed in order to demonstrate the lack of solidarity among the Member States and in order to highlight the fact that a concrete system of cooperation and coordination among States is the only way forward in controlling this phenomemnon.