국제해양법상 수색 및 구조제도와 해상불법이주민

It is generally accepted as an international customary law to lend assistance to those in distress at sea. The United Nations Convention on the Law of the Sea provides the obligation of States to require the master of a ship flying its flag to render assistance to any persons found at sea in danger of being lost. In recent years, there are increasing number of persons leaving Africa shores and travelling by sea to reach Europe across the Mediterranean Sea. A vast majority of vessels to be used in this journey are unfit for safe navigation to be resulted in distress at sea. It is expected that Coastal States are entitled to intercept or interdict vessels engaged in migrant smuggling at sea in order to prevent illegal migrants from entering their territory. The interdicting States will generally be held responsible under international law for violations of human rights that occur in relation to interdicted persons. Independently of interdiction, the international law of the sea obliges shipmasters and States to render assistance or rescue to any persons in distress at sea. The obligation to render assistance extends to all persons and vessels regardless of nationality, legal status, or any other difference. Persons rescued at sea are to be disembarked to a place of safety. Although there is a clear conceptual difference between rescue and interdiction, in practice the lines between the two are often blurred. International human rights law prevents States from returning irregular migrants who are interdicted or rescued at sea back to their point of embarkation or to another place where there is a risk to result in serious violations of human rights. The obligation of non-refoulement applies also to refugees and asylum-seekers. Respect for the obligation of non-refoulement requires that persons seeking protection have access to a fair and efficient asylum procedures.