Quite a few seasonal plans include the crossing from the coast of southern France to the Aegean. The crossing involves travelling through the strait between Sicily and Tunisia - heading for Lampedusa. Lampedusa is an island in the Mediterranean that geographically belongs to Africa, but politically to Italy. Until recently, the island was relatively unknown and has a population of just 4,500. Now the island is not just coincidentally on the route of superyachts, but is also part of a well-known refugee route due to its proximity to the Libyan coast. Time and again, refugees find themselves in distress at sea as they attempt the dangerous crossing on completely overcrowded and unseaworthy boats, risking their lives in the process. Lampedusa has become synonymous with the dangerous sea journey to Europe, and escape routes can be found in many other places in the Mediterranean:
14 June 2023: The crew of the "Mayan Queen IV" witnesses a serious boat accident in the middle of the night. A Libyan fishing boat navigates towards Italy and capsizes 47 nautical miles off the south-west coast of Greece. According to estimates, there are up to 750 people on board, including women and children. The Greek authorities initiate large-scale search and rescue operations. However, state ships are far away from the scene of the accident. There are only three ships that happen to be passing close to the scene of the accident. One of these ships is the German-built superyacht "Mayan Queen IV", which - thanks to the courageous intervention of the crew - is able to save 104 people in this tragic incident. All the people were brought ashore in Greece and handed over to the care of the local authorities.
Ten days later: The 58-metre yacht "W" is cruising far off the coast of Spain. The crew on the bridge are stunned when they think they see an arm sticking out of the sea and waving at them. In fact, the crew recognised the waving of a 29-year-old man who had been drifting at sea for five days and was in a hopeless situation. He had previously tried to escape to Europe with the help of a plastic buoyancy aid. It was a miracle that he was found by the crew in the middle of the sea. The crew of the "W" did not hesitate, brought the man on board and treated him immediately. The man had severe sunburn and open wounds from the salt water. The 29-year-old was so weak at the time of the rescue that he had to be taken off with a rescue helicopter.
Back to the past: In October 2022, three overloaded boats got into distress in the central Mediterranean. The rescue ship "Humanity 1" rushed to their aid and the crew of the ship managed to take 180 people on board. In this case too, the survivors require immediate medical treatment. The "Humanity 1" sets off in search of a safe place to disembark the rescued people. The captain of the ship asks the Italian and Maltese authorities a total of 21 times for permission to bring the people ashore. Twelve days passed before he received a reply. The Italian government only allowed selective disembarkation in the harbour of Catania. All other people were ordered to leave Italian territorial waters. The captain does not comply with this order and remains in the harbour. He stays until the remaining survivors can also go ashore.
Sea rescue of high relevance
Three examples from the last twelve months that show how relevant the topic of sea rescue has become in the context of the ongoing refugee movement across the Mediterranean. Not a simple legal issue - or is it? What are the obligations when a yacht encounters an overcrowded refugee boat that is in danger of sinking? Legally, every yacht owner is obliged to save human lives The most important and fundamental principle of any distress at sea situation is the duty to save human lives. This is not only a moral obligation, but is also enshrined in international maritime law.
The main legal foundations are the international conventions SOLAS (International Convention for the Safety of Life at Sea) and SAR (Search and Rescue Convention). A core theme of both conventions is the protection of life at sea. The conventions are aimed at ships/shipowners and the responsible states and lay down guidelines for the rescue of shipwrecked persons. In the light of this internationally applicable legal framework, ships, regardless of their size and purpose, are obliged to rescue people in distress at sea.
Non-compliance with maritime law obligations can have consequences
For ships flying the German flag, the Ordinance on the Safety of Shipping must be observed. The duty to rescue at sea is also laid down in this regulation. Failure to comply with maritime rescue obligations can have serious legal consequences for the ship and crew. Fines may be imposed or criminal penalties may follow. Anyone who fails to provide the necessary assistance is liable to prosecution. Under German law, for example, failure to render assistance can result in a prison sentence of up to ten years.
Under current international law, masters are obliged to inform the competent maritime emergency centres immediately if they come across a ship in distress. This report should include the exact location, the number of persons on board and a description of the situation. Co-operation with the relevant maritime rescue coordination centre is crucial to ensure a coordinated and rapid rescue operation. International law is very clear that the instructions of the Maritime Rescue Coordination Centre must be followed to the letter. Once the competent authorities have been informed, they will regularly coordinate the first aid and then take measures to ensure the safe transfer and permanent rescue of the people concerned. There are at least basic regulations for this as well.
According to the SOLAS and SAR conventions, rescued persons must be taken to a place of safety. What constitutes a place of safety, however, is not precisely defined in either convention. It is generally agreed that a place of safety is where the rescued person's life is not in danger and their basic human needs can be met.
Leaving aside the politically charged refugee debate, what at first glance appears to be a fairly "uncomplicated" case is that the authorities order entry into the nearest European port by international agreement and the authority concerned issues the necessary authorisation to call at this port.
But what happens if - as in the case of the "Humanity 1" operated by Sea-Watch - no agreement can be reached on the port of destination? In this case, the relevant international conventions give the local authorities some room for manoeuvre to make negative decisions. There is simply a lack of an obligation on the part of the coastal states to accept refugees, which corresponds to the individual's duty to rescue at sea. Although the SOLAS and SAR Conventions regulate rescue at sea, they do not contain any provisions forcing coastal states to open their harbours for the reception of shipwrecked persons. Coastal states have full sovereignty over their harbours and have shown a willingness to exercise this autonomy in the past.
Is a superyacht odyssey looming?
For a yacht owner who has previously fulfilled his legal obligation to save human lives and now - presumably without the necessary medical and logistical equipment - has an undetermined number of (injured) people on board, it is difficult to imagine that the coastal state selected in consultation with the sea rescue authorities will refuse to grant permission to enter the harbour. Precisely because it can be assumed that a yacht has acted in fulfilment of its legal obligations and not with its own political agenda in mind, we consider the risk of a successful sea rescue turning into an odyssey to be low.
So set a calm course for Lampedusa. The two recent examples of the "Mayan Queen IV" and "W" have shown that sea rescue can also be successfully carried out by superyachts, saving human lives and not leading to a complicated odyssey. Should you actually come across a refugee boat in distress at sea, your first legal (and moral) objective is to save human lives. If there are rescued persons on board your yacht, in addition to the necessary immediate rescue measures, you must contact the relevant authorities and co-operate with the state rescue services. If you find yourself in a situation where you are denied entry to a harbour, we recommend that you involve other state actors, such as the flag state or the diplomatic missions of your home country, in order to find quick and practical solutions.
Experts for all questions relating to yacht law
The yacht lawyers Dr Tim Schommer (tim.schommer@clydeco.com) and Dr Volker Lücke (volker.luecke@clydeco.com) have been advising yacht clients from Germany and abroad for over 18 years. They advise on the planning and construction phase, the purchase and sale, the owner structure, yacht operation including insurance, crewing and charter as well as the handling of damage and third-party claims.
