The Duty to Assist and Its Disincentives: The Shipping Industry and the Mediterranean Migration Crisis

Abstract:

The role of commercial ships in the Mediterranean migration crisis is little-noticed in the media and by the general public, and largely disregarded in the EU’s political responses to the crisis. Whereas large-scale national and regional actions such as the Italian-administered Mare Nostrum and the EU’s Frontex-administered Triton operations have become part of the vocabulary surrounding the crisis, the rescue of 42,000 migrants by commercial vessels in 2014 – and the implications thereof – is rarely commented upon. More importantly, the commercial shipping industry is rendered invisible in the EU policy responses to the Mediterranean migration crisis, which disregards both the efforts and challenges experienced by the industry. For this reason, this profile zooms in on the migration crisis from the point of view of commercial shipping, and argues that it is of fundamental importance that European policy responses to the crisis tackle the multiple disincentives experienced by the commercial shipping industry towards upholding the duty to render assistance to vessels in distress at sea. The concrete policy actions suggested here answer to the challenges experienced by the commercial shipping industry; aid the industry in its efforts to undertake its legal and moral duty to render assistance; and, in effect, save more lives at sea.