CYIL vol. 8 (2017)

BIRUTĖ PRANEVIČIENĖ – VIOLETA VASILIAUSKIENĖ CYIL 8 ȍ2017Ȏ Mediterranean is a direct danger to their lives, as in the year 2016 one out of fifty migrants lost their lives in the Mediterranean), and the other solution – returning them to the shores of Libya – where they, according to the accounts of NGOs, face arrest, detention, harsh conditions. Which option is worse or better it is very hard to judge, and to weight these possibilities against each other is not an easy task. Search and Rescue Situation or Law-Enforcement Episode? It should be stressed that not all instances of mixed migration by sea, even in large numbers and scale are cases of SAR, even though many coastal states consider each mass migration incident as SAR. 45 “However, this is not the case. Some incidents may include persons in distress; however, many more appropriately could be considered law-enforcement or border security events.” 46 The SAR mission coordination, according to the International Aeronautical and Maritime Search and Rescue manual, may classify in which emergency phase – uncertainty, alert, or distress – the situation before him is. 47 The “search” is defined in the annex of the SAR Convention as “an operation, normally co-ordinated by a rescue co-ordination centre or rescue sub-centre, using available personnel and facilities to locate persons in distress, ” 48 rescue is defined as “an operation to retrieve persons in distress , provide for their initial medical or other needs, and deliver them to a place of safety.” 49 As we can see, the SAR regime comes into action only when the persons may be classified as being in distress. In order to define distress and distinguish it from other phases, it should be outlined that in the Convention the emergency phase may be classified as either uncertainty phase, alert phase or distress phase. The uncertainty phase means “a situation wherein uncertainty exists as to the safety of a person, a vessel or other craft.” 50 It is further elaborated that the uncertainty phase is declared “when a person has been reported as missing, or a vessel or other craft is overdue; or … when a person, a vessel or other craft has failed to make an expected position or safety report.” 51 As outlined in the Boat Crew Seamanship Manual of U.S. Coast Guard, “an uncertainty phase exists when there is knowledge of a situation that may need to be monitored, or have more information gathered, but does not require dispatching resources. … The key word is “doubt.” …The [preliminary search] is conducted by contacting facilities or agencies within a specific area to either locate the vessel or determine if the vessel has been seen.” 52 Therefore, we can see that in a situation of uncertainty the key actions are information gathering and contacting relevant facilities or agencies to locate a missing craft. The alert phase signifies “a situation wherein apprehension exists as to the safety of a person, a vessel or other craft.” 53 It is further outlined in the SAR Convention that an alert phase is

45 BUTTON, supra note 12, p. 38. 46 Ibid. 47 Ibid. 48 SAR Convention, supra note 15, Annex, Article 1.3.1.

49 Ibid. Article 1.3.2. 50 Ibid. Article 1.3.11. 51 Ibid. Article 4.4.1.2. 52 U.S. Coast Guard . Boat Crew Seamanship Manual. http://webapp1.dlib.indiana.edu/virtual_disk_library/index. cgi/4302894/FID1851/BOATCREW/files/ch15/ch15b.htm accessed 30 May 2017. 53 SAR Covention, supra note 15, Annex, Article 1.3.12.

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