Assisting people in distress at sea is a duty of all states and shipmasters under international law. Core provisions of search and rescue (SAR) at sea are set out in the 1974 International Convention for the Safety of Life at Sea (SOLAS), the 1979 International Convention on Maritime Search and Rescue (SAR Convention) and the 1982 United Nations (UN) Convention on the Law of the Sea (UNCLOS).

In general, the shipmaster of any vessel (both private and governmental) has an obligation to render assistance to those in distress at sea without regard for their nationality, status or the circumstances in which they are found. A rescue operation terminates only when survivors are delivered to a ‘place of safety’. This should be determined by taking into account the particular circumstances of the case, as specified by the 2004 amendments to the SAR Convention, adopted by the International Maritime Organization (IMO). Malta was the only Mediterranean EU Member State not to accede to the convention.

The IMO Guidelines on the treatment of persons rescued at sea further specify that a ‘place of safety’ is ‘a place where the survivors’ safety is no longer threatened and where their basic human needs (such as food, shelter and medical needs) can be met’. The appendix to the guidelines recalls the prohibition of refoulement. Disembarkation must, thus, be avoided in places where refugees and asylum seekers are at risk persecution, torture or other serious harm.

In May 2026, the IMO, the UN Refugee Agency (UNHCR) and the International Chamber of Shipping issued a revised guidance on rescue at sea in the context of refugees and migrants. It complements the 2022 Joint Statement on Place of Safety by UN entities and the 2018 UN Global Compact for Safe, Orderly and Regular Migration (Objective 8).

Under Article 3 of the European Border and Coast Guard Regulation, SAR at sea is one of the components of European integrated border management. For maritime border surveillance operations coordinated by Frontex, the EU Sea Borders Regulation (Regulation (EU) No. 656/2014) incorporates the obligation to render assistance at sea and to rapidly identify a place of safety where rescued people can be disembarked. This must be done in compliance with fundamental rights and the principle of non-refoulement.

These two EU law instruments prohibit disembarkation of rescued persons in a country where there is a risk of torture or ill-treatment, irrespective of any request for asylum by the rescued individuals. Under Article 5 of the Screening Regulation (EU) 2024/1356, people disembarked after a SAR operation must be channelled into screening at the external border to verify their identity, assess if they pose a security risk and examine medical or other vulnerabilities.

The duty to fully respect the right to life set out in Article 2 of both the EU Charter of Fundamental Rights (the Charter) and the European Convention on Human Rights (ECHR) as well as to save lives at sea rests primarily with EU Member States. These core obligations cannot be circumvented under any circumstance, including for external border control.

In Safi v. Greece (7 July 2022, No. 5418/15), the ECtHR clarified that Article 2 of the ECHR requires that states take preventive operational measures to protect individuals in distress at sea whose lives are at risk. The UN Human Rights Committee echoed the same duty in its General Comment No. 36 on the right to life (2019).

The European Commission Recommendation (EU) 2020/1365 on cooperation among Member States concerning SAR operations carried out by private vessels encourages Member States to ensure rapid disembarkation of rescued people in a place of safety. Such place of safety should guarantee their fundamental rights, in conformity with the Charter and the principle of non-refoulement.

Directive 2009/16/EC (last amended in 2024), which intends to address substandard shipping, also regulates port controls of ships. In August 2022, in the Sea Watch case (Joined Cases C-14/21 and C-15/21) the Court of Justice of the EU clarified that the port state may inspect SAR ships operated by humanitarian organisations. They may also seize such vessels, but only in the event of a clear risk to safety, health or the environment.