Search and Rescue at Sea in light of International Regulations and National Policy. The Case of Sea Watch 3

When discussing rescue at sea, respect for human dignity is a principle clearly enunciated by many international declarations and conventions (and frequently reaffirmed in policy). Rescue at sea is often defined as a measure to safeguard the lives of distressed individuals, as well as protect their fundamental human rights. Nevertheless, national practices don’t always follow the stated principles of valuing human dignity, particularly when international rules are applied to complex “search and rescue” missions. Above all, one should not forget that human life at sea must always be protected; this is an obligation imposed on all States, both Flag States (which implement it through the activities of the captains and crews of their respective vessels) and Port States (which establish and implement appropriate search and rescue operations). The only exception to the rescue mandate is the presence of severely inclement weather that would not only hamper the recovery, but also seriously endanger the rescue ship and its crew. It should also be noted that the very nature of the obligation in question involves cooperation among all the states concerned, both Port and Flag States. In this reflection, we shall focus on sea rescuing operations as a tool to protect the human rights of people in need, but not before citing the binding international regulations and the legal framework of the activities in question. Subsequently, we shall analyze the case of the ship Sea Watch 3, whose June 2019 ordeal brought these issues to the fore, stirring considerable political and ethical controversy.