Human Rights Obligations in Maritime Search and Rescue

Abstract The duty to render assistance to persons in distress is well established in the international law of the sea, but none of the instruments which codify the duty contains human rights obligations. However, serious human rights violations may occur during search and rescue (SAR) operations or because of the lack thereof. This article examines the duty of States to render assistance to persons in distress through the lens of international human rights law and advocates for a human rights-oriented approach to SAR. It discusses the due diligence nature of the duty, the scope of jurisdiction in maritime SAR and how States should act to adhere to their human rights obligations from the moment they receive a distress call through to the moment they disembark rescued persons on land.