Current Developments When No One Answers the Call: How the Shipping Industry is Sustaining Search and Rescue Operations in the Mediterranean

CURRENT DEVELOPMENTS

WHEN NO ONE ANSWERS THE CALL: HOW THE

SHIPPING INDUSTRY IS SUSTAINING SEARCH

AND RESCUE OPERATIONS IN THE

MEDITERRANEAN

CHRISTOPHER CLIFTON*

INTRODUCTION

In August 2020, the commercial vessel Maersk Etienne rescued twenty-

seven migrants off a sinking vessel in the Mediterranean Sea.

1

Over the next

thirty-eight days, the Maersk shipping company searched for a country will-

ing to accept the migrants; however, the ship was denied permission to dock

in any nearby country.

2

Finally, as supplies on the ship began to run low, the

Maersk Etienne was able to transfer the migrants to a non-governmental or-

ganization (NGO) rescue vessel, where they had access to shelter, food, and

proper medical care.

3

Two days later, Italy permitted the migrants to disem-

bark in Sicily.

4

Then, in March 2020, following a £125,000 payment from the

Maersk shipping company to the NGO that accepted the migrants, Italy

launched an investigation alleging that the two parties completed a commer-

cial transaction in exchange for search and rescue (SAR) services.

5

This

* Christopher Clifton, J.D. Candidate, 2022, Georgetown University Law Center; MBA, 2019, New

York University Stern School of Business; B.S. Operations Research and Computer Analysis, 2013, U.S.

Coast Guard Academy. The author is a Lieutenant in the U.S. Coast Guard. The views expressed herein

are his own and do not necessarily represent the views of the Coast Guard, the Department of Homeland

Security, or any other component of the United States Government. © 2021, Christopher Clifton.

1. Migrants Allowed Off Maersk Tanker After 40 Days at Sea, BBC NEWS (Sept. 13, 2020), https://

perma.cc/Y25M-QHRD.

2. Id.

3. Id.

4. Id.

5. NGO Accused of Taking on Maersk Etienne’s Rescued Migrants for Pay, MAR. EXEC. (Mar. 1,

2021), https://perma.cc/3AQ7-9JQZ; Italian NGO Investigated for Maersk Payment After Migrant

Rescue, DAILY SABAH (Mar. 2, 2021), https://perma.cc/6REC-UHWW.

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