International Law and Search and Rescue

Abstract

This article provides a broad overview of several international law and policy issues that search and rescue (SAR) authorities worldwide should consider. First, the article will discuss the global SAR system’s international framework and organization implemented by coastal states. While not perfect, the global SAR system provides an important basis on which coastal states can build cooperative relationships to enable them to conduct this important lifesaving mission more effectively. Second, this article will review the SAR responsibilities and international legal requirements placed on shipmasters and coastal states as they work together in coordinating and conducting maritime SAR operations. In addition, this section also will briefly discuss the tragic issue of mixed migration by sea from a SAR perspective. Third, this article will address two additional SAR-specific issues that legal advisers and policy makers need to consider: the responsibilities and requirements of a ship or aircraft when conducting a rescue operation within another coastal state’s territorial sea and the issue of forcibly evacuating a person from a vessel when doing so is, in the judgment of the SAR responders on scene, the only way to save the person’s life. May SAR responders use force to compel a person to abandon his vessel? What type of force should be considered? The discussion of each of these unique operational issues will provide points to consider from both policy and international law perspectives.