ΘΑΛΑΣΣΙΑ ΑΣΦΑΛΕΙΑ

Dale Hammond

are obliged to maintain the safety, ensure the humane treatment and to co-

operate in the disembarkation of rescued people at a place of safety.

Although it depends on the country which has the relevant jurisdiction, a

failure to comply with the various conventions can expose the Master of the

ship to criminal charges (including imprisonment), fines and civil proceedings.

I am not personally aware of any successful prosecutions to date, though I

understand that there is a French law which states that failing to assist a

person in distress at sea is punishable by a fine of up to EUR 70,000 and up to

5 years imprisonment.

The rescue of persons in distress at sea is an obvious example of shipowners

being required to act as good citizens. There is, however, a corresponding

burden. Complying with the requirements of the various conventions and the

rescue and accommodation of large numbers of refugees can create enormous

practical problems for the ship that is involved. For this reason, and to

ensure that ships are able to comply with the conventions, the International

Chamber of Shipping published voluntary guidelines in 2014, (and updated

in 2015) recommending steps that can be taken.

These guidelines contain

recommended procedures for conducting a large scale rescue operation and

the management of rescued persons once they are on board.

Although the guidelines are helpful, the practical difficulties of hundreds of

refugees, including women and children, suddenly boarding a commercial

ship, which commonly has about 20 crew members on board are clear, even

if the refugees only remain on board for a few hours before disembarking, as

they have to be cared for, fed and provided with water.

Certain expenses arising from responding to a maritime refugee incident

may be covered under P&I insurance. So, for example, reasonable diversion

expenses will usually be covered: effectively, this means the net loss to the

shipowner over and above the expenses that would have been incurred if not for

the diversion. That may include the use of additional bunkers, any additional

stores and provisions that are consumed and port charges (for example, if the

ship has to deviate to a port in order to disembark the refugees). However,

there will usually not be any cover for proportionate “wasted” insurance,

proportionate “wasted” crew wages or loss of profit (e.g. hire).

3. See