The duty of refugee sea rescue in International Law

This research paper delves into the evolving realm of humanitarian and maritime law, focusing on the duty to rescue refugees at sea in the Mediterranean. Anchored in international treaties and conventions, including the United Nations Convention on the Law of the Sea, the 1951 Refugee Convention, and others, the study explores the legal obligations and moral imperatives that underpin sea rescue operations. With a surge in migration attempts across the Mediterranean, the paper investigates how the Mediterranean countries navigate their responsibilities in the complex interplay of international law, ethical considerations, and operational challenges. The research aims to shed light on the duty of refugee sea rescue through case studies of Mediterranean countries, setting forth objectives that encompass examining international laws, comparing legal frameworks among Mediterranean nations, identifying ethical dilemmas, and recommending strategies for enhanced cooperation. The literature review traces the historical trajectory of sea rescue obligations and emphasises incidents in the Mediterranean that underscore the critical role of maritime rescue operations. It delineates the involvement of various stakeholders, including governmental agencies, NGOs, and international bodies stressing the collaborative nature required for effective sea rescue. The methodology section outlines a mixed-method approach, incorporating primary and secondary data from official reports through a comprehensive literature review. Case studies of Turkey, Italy, and Greece offer nuanced insights into each country's legal obligations, challenges, and operational approaches in sea rescue. The findings and analysis section presents critical outcomes from official reports and data sources, highlighting the legal and ethical dilemmas Mediterranean countries face during sea rescue operations. It discusses the tension between international law obligations and domestic policies, emphasising the delicate balance needed to safeguard lives while respecting national interests. In conclusion, the paper advocates for enhanced international cooperation, emphasising the need to incorporate humanitarian and legal dimensions in developing sea rescue policies. Recommendations include strengthening collaboration among coastal states and entities involved in sea rescue operations and emphasising the principles of refoulement, place of safety, and shared responsibility. The research paves the way for future studies to explore the challenges and successes of various rescue missions and analyse the roles of different actors involved in-depth.