The role of non-governmental organisations in search and rescue operations at sea within the Mediterranean

Abstract

Political instability and conflict present in certain regions of the world has given rise to an unprecedented scale of migrant crossings to European States via the central Mediterranean route. Human traffickers and smugglers generally transport migrants in old, unseaworthy, and overcrowded vessels. These practices have resulted in an inflated rate of distress at sea situations in the Mediterranean. Various actors including States, shipmasters of commercial vessels, and members of non-governmental organisations have stepped up to the plate to tackle the need to protect life at sea. This dissertation examines the role of non-governmental organisations conducting search and rescue in the Mediterranean. This examination is conducted via a comprehensive study of the international legal rules regulating search and rescue operations in the Mediterranean in particular those relating to the law of the sea as well as human rights and refugee law. The study assesses how non-governmental organisations work within the framework of these legal rules when conducting search and rescue operations in the Mediterranean. States are key actors in search and rescue activities due to their capacity to coordinate missions via their national Maritime Rescue Coordination Centers and their sovereign control over their own territorial sea. Due to this reality, the dissertation addresses patterns of State practices of the major participants in search and rescue activities in the region, notably Italy, Malta and Libya which mainly address issues of navigation, disembarkation and cooperation in relation to the activities of non-governmental organisations conducting search and rescue at sea. In recent years, a number of States have attempted to limit the work of non-governmental organisations conducting search and rescue activities in the region. This dissertation presents the events which have led to this reality and also presents recommendations which may assist to address this issue in the future.