CYIL vol. 8 (2017)

BIRUTĖ PRANEVIČIENĖ – VIOLETA VASILIAUSKIENĖ CYIL 8 ȍ2017Ȏ possible and bring them to a place where they can be cared for and may continue their journey. The question may be raised regarding the coordination of the rescue operations, as to which rescue coordination centre is responsible for the coordination of such efforts. Another question is raised regarding the persons saved in the Libyan SAR area or even in Libyan territorial waters – whether the persons rescued may be brought to Libyan ports and shores without infringing on other international obligations. The answer to this depends on the evaluation of the situation in Libya at the reception facilities. Not all situations of irregular migration in the South Mediterranean route should be considered search and rescue operations. Emergency situations may be classified as uncertainty, alert and distress, depending on the facts of the situation. Only in distress situations, that is, when the persons, vessels, or other crafts are in need of immediate assistance, or the contact with the vessel was unsuccessful, or if the vessel is impaired to the extent that a distress situation is likely, the search and rescue operations should be carried out both by NGO vessels and other state and EU vessels. In other cases that would be considered a border guarding or law enforcement event and it could be treated accordingly. However, the rules of enforcement action differ on the sea from those applicable on the land. The main institute applicable on the high seas is maritime interdiction – that is, the right to board and inspect the vessel, and if proof of smuggling of migrants is found, the right to arrest those responsible and to make the vessel unavailable to the smugglers anymore by confiscation of the vessel. These actions may be carried out only by warships and other duly authorised state vessels and may be carried out only with the consent of the flag state. Consent is not necessary only in a case where the ship is flagless or if the inspecting vessel is acting according to the UN Security Council resolution. It could be stated that NGO ships should be very careful in approaching such ships and should communicate their suspicions to the ships duly authorised to carry out enforcement actions.

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