SAR/A SSISTANCE AT S EA L EGAL W ORKSHOP : S CENARIOS

Wednesday, April 8 ( ): Documenting international instruments that guide search and rescue actions An underway warship overhears a distress broadcast from a merchant ship taking on water in international waters Scenario #1 2

Questions to consider: What international instrument(s) discuss the coordination and conduct of civil SAR operations at sea? What international instrument(s) discuss the coordination and conduct of civil SAR operations at sea? o Common lexicon? What is a maritime SAR Region and is it relevant to this scenario? What is a maritime SAR Region and is it relevant to this scenario? What are common SAR terms, and is there any disagreement on their definitions? What are common SAR terms, and is there any disagreement on their definitions? Scenario #1 3

Questions to consider (continued): What civil SAR authority would the warship contact concerning the ongoing SAR operation? What civil SAR authority would the warship contact concerning the ongoing SAR operation? Is the term “distress” defined? Is the term “distress” defined? Who coordinates the SAR operation shore side? Who coordinates the SAR operation shore side? What is the relevance of Lloyd’s Open Form (LOF) (formally Lloyd’s Standard Form of Salvage Agreement) to search and rescue? What is the relevance of Lloyd’s Open Form (LOF) (formally Lloyd’s Standard Form of Salvage Agreement) to search and rescue? Scenario #1 4

End of Scenario #1 Questions? 5

Wednesday, April 8 ( ): Cooperation after a rescue, place of safety, and obligations regarding survivors A warship arrives at the merchant ship's last known position. The Commanding Officer spots a raft in the water with survivors and realizes the merchant ship sank. The warship rescues all survivors and contacts the appropriate SAR authorities. Scenario #2 6

Questions to consider: What is the Commanding Officer’s obligation concerning the survivors? What is the Commanding Officer’s obligation concerning the survivors? (Discussion of practice): Is there a national- level notification process for a Commanding Officer of a warship to provide assistance? (Discussion of practice): Is there a national- level notification process for a Commanding Officer of a warship to provide assistance? Is the obligation different if the rescuing ship is a commercial vessel vice a warship (in peacetime)? Is the obligation different if the rescuing ship is a commercial vessel vice a warship (in peacetime)? Scenario #2 7

Questions to consider (continued): Does taking survivors aboard equate ultimately to a responsibility for the flag of the ship conducting the rescue? Does taking survivors aboard equate ultimately to a responsibility for the flag of the ship conducting the rescue? The flag of a commercial vessel conducting the rescue would likely have no obligation to take action with regard to those rescued. The same can’t be said for warships; what does that imply? Does it make a difference? The flag of a commercial vessel conducting the rescue would likely have no obligation to take action with regard to those rescued. The same can’t be said for warships; what does that imply? Does it make a difference? What is a "place of safety? (POS)" What is a "place of safety? (POS)" Scenario #2 8

Questions to consider (continued): Is there an obligation for the coastal State to take the survivors? Is there an obligation for the coastal State to take the survivors? How do warships deliver personnel to POS? How do warships deliver personnel to POS? Can a warship not provide assistance if it is “not available” due to other commitments? What is the rule & who decides: the tactical/operational- level or a headquarters/national-level? Can a warship not provide assistance if it is “not available” due to other commitments? What is the rule & who decides: the tactical/operational- level or a headquarters/national-level? Is the Safety of Life at Sea (SOLAS) and/or the Maritime SAR Convention applicable to this scenario? Is the Safety of Life at Sea (SOLAS) and/or the Maritime SAR Convention applicable to this scenario? Scenario #2 9

End of Scenario #2 Questions? 10

Thursday, 09 April ( ): The parameters of assistance entry to conduct rescue operations in a foreign nation’s territorial sea A warship in transit overhears a distress broadcast from a merchant ship taking on water in another coastal State's territorial sea (TTS) and diverts to render assistance. Scenario #3 11

Questions to consider: What international instrument(s) discuss the coordination and conduct of SAR operations in a coastal State's TTS? Is the language clear and unambiguous? What international instrument(s) discuss the coordination and conduct of SAR operations in a coastal State's TTS? Is the language clear and unambiguous? Must the warship obtain the coastal State's consent to enter their TTS to conduct the rescue operation? What are the exact conditions? Do the same rules apply to internal waters? Must the warship obtain the coastal State's consent to enter their TTS to conduct the rescue operation? What are the exact conditions? Do the same rules apply to internal waters? Who is assisted, the vessel or the coastal State? Who is assisted, the vessel or the coastal State? Scenario #3 12

Questions to consider (continued): Who (what agency) would receive notification of a warship’s entry into a TTS to conduct rescue operations? Who (what agency) would receive notification of a warship’s entry into a TTS to conduct rescue operations? Can the warship conduct the SAR operation with its small boat? With its helicopter? Can the warship conduct the SAR operation with its small boat? With its helicopter? A fixed wing military aircraft hears the same distress broadcast and also diverts to render assistance in a coordinated effort with the warship. Can the aircraft enter into the coastal State's TTS to assist in the rescue, or must it obtain the coastal State's consent before doing so? A fixed wing military aircraft hears the same distress broadcast and also diverts to render assistance in a coordinated effort with the warship. Can the aircraft enter into the coastal State's TTS to assist in the rescue, or must it obtain the coastal State's consent before doing so? Scenario #3 13

Questions to consider (continued): Can the military aircraft assist in the rescue operation in a coastal State's TTS even if there was no other warship participating in the rescue? Can the military aircraft assist in the rescue operation in a coastal State's TTS even if there was no other warship participating in the rescue? Can the warship rescue any property from the stricken vessel (e.g., property on board the ship, floating in the water) in addition to the survivors? Can the warship rescue any property from the stricken vessel (e.g., property on board the ship, floating in the water) in addition to the survivors? The warship completes the rescue of the survivors and spots what appear to be cocaine bales in the vicinity (within the TTS). Can the warship retrieve the bales without obtaining the coastal State's consent to do so? The warship completes the rescue of the survivors and spots what appear to be cocaine bales in the vicinity (within the TTS). Can the warship retrieve the bales without obtaining the coastal State's consent to do so? Scenario #3 14

Questions to consider (continued): The warship hears a distress broadcast over the radio and enters a coastal State's TTS to conduct a rescue operation. After a reasonable amount of time, the warship cannot locate the person(s) in distress. Can the warship conduct a search for the person(s) in distress? The warship hears a distress broadcast over the radio and enters a coastal State's TTS to conduct a rescue operation. After a reasonable amount of time, the warship cannot locate the person(s) in distress. Can the warship conduct a search for the person(s) in distress? Scenario #3 15

Questions to consider (continued): The warship receives a mayday broadcast from a merchant ship in distress in a coastal State's TTS and notifies the On Scene Commander it will divert to conduct a rescue operation. The On Scene Commander notifies the coastal State. The coastal State also heard the mayday broadcast and informed the On Scene Commander they have a surface asset en route to rescue the distressed mariners and that the warship can stand down. What should the warship do? What should the On Scene Commander do? The warship receives a mayday broadcast from a merchant ship in distress in a coastal State's TTS and notifies the On Scene Commander it will divert to conduct a rescue operation. The On Scene Commander notifies the coastal State. The coastal State also heard the mayday broadcast and informed the On Scene Commander they have a surface asset en route to rescue the distressed mariners and that the warship can stand down. What should the warship do? What should the On Scene Commander do? Scenario #3 16

Questions to consider (continued): What if it is obvious that the coastal State cannot or will not rescue (or provide sufficient resources)? Is there a right/obligation to render assistance against the state’s will? What if it is obvious that the coastal State cannot or will not rescue (or provide sufficient resources)? Is there a right/obligation to render assistance against the state’s will? Do the same rules of assistance entry apply to international straits while transiting? Do the same rules of assistance entry apply to international straits while transiting? Scenario #3 17

End of Scenario #3 Questions? 18

Thursday, 09 April ( ): Rendering assistance to a ship under a life threatening attack A warship in international waters overhears a broadcast from a merchant ship being attacked by armed robbers inside of a coastal State's TTS and diverts to render assistance. Scenario #4 19

Questions to consider: Is this a civil SAR/distress issue? Is this a civil SAR/distress issue? What international instrument(s) govern the rendering of assistance to ships under attack within a foreign nation's TTS? Does it matter how the vessel requiring assistance is flagged? What international instrument(s) govern the rendering of assistance to ships under attack within a foreign nation's TTS? Does it matter how the vessel requiring assistance is flagged? Can the warship (or the flag state of the warship) take law enforcement action? Can the warship (or the flag state of the warship) take law enforcement action? Does the answer change if the assistance is in international waters? Does the answer change if the assistance is in international waters? Does the same apply to international straits? Does the same apply to international straits? Scenario #4 20

End of Scenario #4 Questions? 21

Thursday, 09 April ( ): Use of force A warship in transit overhears a distress broadcast from a merchant ship taking on water in international waters and diverts to render assistance. The warship arrives on scene. The crew is safely rescued from the stricken ship. However, the master refuses to leave the ship even though it continues to take on water and will eventually sink. Scenario #5 22

Questions to consider: Can the warship, in international waters and without the master's consent, send a boarding team to the sinking ship and forcibly remove him for his own safety? Can the warship, in international waters and without the master's consent, send a boarding team to the sinking ship and forcibly remove him for his own safety? What if the distress occurred in a coastal State's TTS? Can a boarding team from the warship board the sinking ship without the master's consent and forcibly remove him for his own safety? What if the distress occurred in a coastal State's TTS? Can a boarding team from the warship board the sinking ship without the master's consent and forcibly remove him for his own safety? Scenario #5 23

Questions to consider (continued): What international instrument(s) would allow the warship's boarding team to forcibly remove the master in order to save his life? What international instrument(s) would allow the warship's boarding team to forcibly remove the master in order to save his life? Human rights considerations? Human rights considerations? What about a distress scenario where the Master refuses a boarding (in international waters) and there are several passengers crew, including children? What about a distress scenario where the Master refuses a boarding (in international waters) and there are several passengers crew, including children? Discussion of practice. Discussion of practice. Scenario #5 24

End of Scenario #5 Questions? 25