Taking Onboard the Issue of Disembarkation

Abstract

Disembarkation of rescued refugees is increasingly denied by Mediterranean States, as disembarkation triggers obligations of refugee reception in the absence of a distribution mechanism. This article assesses the international law of the sea to answer the question why a distributive mechanism is needed to provide for a predictable solution for disembarkation of rescued refugees in the Mediterranean. It concludes that, due to States' shared obligation to allow disembarkation of seaborne refugees and uncertainties over ill-defined essential concepts and responsibilities, States enjoy much discretion to securitize maritime migration. It frustrates search and rescue (SAR). A successful way to reestablish the integrity and effectiveness of the SAR regime is to create an effective and foreseeable relocation mechanism. Finally, this article's critical analysis of the Malta declaration - which failed to resolve the stalemate in the central Mediterranean - provides for valuable lessons towards a new system of responsibility-sharing in Europe.