Assessing human rights violations in migrant rescues : a comparative analysis

Abstract

In the last decade, the Mediterranean Sea has emerged as one of the main migratory routes used by thousands of people who, in search of better opportunities and a safer life, face the dangers inherent to these crossings in the hope of reaching Europe. However, the precariousness of the conditions in which these crossings are carried out is a determining factor that has contributed significantly to the tragic outcomes in the Mediterranean. In this context, the search and rescue (SAR) services of coastal States play a crucial role in safeguarding human life at sea, underscoring the urgent need to reinforce such operations to address this humanitarian crisis. This study aims to conduct a comprehensive analysis of the regulatory framework governing SAR operations in order to identify its main shortcomings and the challenges that have hindered the incorporation of humanitarian considerations in its implementation and development. A mix of research methods is employed for this purpose: the comparative legal research and the doctrinal research. This approach allows for an in-depth analysis of SAR cooperation between States from both a theoretical and practical perspective. In this regard, a comparative analysis of joint SAR operations between Italy and Malta in the central Mediterranean, and between Spain and Morocco, in the western Mediterranean has been carried out. The results reveal the main differences in the practice of SAR cooperation in these two migratory contexts, as well as the fundamental challenges to be overcome in order to achieve a more effective SAR regulation, in which humanitarian considerations and the interest in the protection of human life at sea prevail over the traditional sovereignty and security interests of States in the face of irregular immigration.