Responsibility for search and rescue of migrants in the Mediterranean

Governments and ship's masters are obliged, under international law, to assist people and vessels in distress at sea. They must provide this assistance regardless of the nationality, status, or the circumstances in which those in distress are found. They must apply these rules without prejudice to their obligations deriving from international humanitarian law and international human rights law, particularly the ban on refoulement. European Union (EU) Member States' search and rescue (SAR) and disembarkation activities are not currently covered by a common EU legal framework, except for activities carried out in the context of joint operations at sea led by the European Border and Coast Guard Agency (Frontex). In recent years, EU naval operations, EU agencies and non-governmental organisations (NGOs) have rescued a significant proportion of migrants and asylum-seekers in distress in the Mediterranean Sea. Nevertheless, over the past couple of years, a large number of people have died or gone missing in the Mediterranean. The EU Fundamental Rights Agency (FRA) reports that the estimated number of people who died or went missing when trying to reach Europe by sea in 2023 increased by some 37 % compared with 2022. In addition, a lack of coordination in SAR activities, individual countries acting alone, and criminalisation of NGOs active in SAR in the Mediterranean, have all led to migrants being forced to remain on boats. EU Member States and EU agencies (Frontex) have also been accused of pushbacks of asylum-seekers and other migrants towards Libya and Turkey and to the high seas. Individual actors dealing with migrant boats have been the subject of criticism and legal action. Their accountability is, however, not always clear, owing to varied application and interpretation of different bodies of international law. This updates and expands on a 2022 EPRS briefing written by Anita Orav.