Do you have to rescue people at sea?

The duty to render assistance at sea is a long-standing maritime tradition and peremptory norm that has been translated into international law.



Under international maritime law, specifically the 1974 SOLAS Convention and the UN Convention on the Law of the Sea (UNCLOS), the master of a ship has a clear legal duty to assist any person found in distress at sea. This obligation applies to all vessels, whether they are commercial merchant ships, private yachts, or state-owned military craft, provided the rescue can be performed without serious danger to the ship, its crew, or its passengers. The duty is universal and does not distinguish based on the nationality, status, or circumstances of the individuals in distress. Once people are rescued, they must be brought to a "place of safety," which is defined as a location where their lives are no longer threatened and their basic human needs (such as food, water, and medical care) can be met. In 2026, coastal states are strictly required to coordinate these efforts through Rescue Coordination Centres (RCCs) to ensure that the rescue process is completed efficiently and that survivors are disembarked as quickly as possible at a suitable port.

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Most mariners will not hesitate to “do the right thing” and conduct a rescue. Indeed, the law of the sea requires them to do so. However, it is once the rescue is conducted and migrants are onboard that issues might arise.

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Most cruise ship rescues these days only involve a handful of people in distress. Other than a few hours spent sitting idle in the middle of the ocean, picking up sailors in distress doesn't typically have significant impacts on the itinerary of the cruise in progress.

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In 2023 thus far, there have been 10 overboard incidents affecting 11 people, according to data compiled by Ross Klein, a social work professor at Memorial University of Newfoundland, who runs a cruise safety website. Nine of those eleven people died as a result.

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Of the 212 overboard incidents mentioned earlier, 48 of those (roughly 28%) were rescued alive, CLIA reports. That amounts to four or five rescues each year. Any time an overboard occurs, cruise lines offer assistance to friends, family or other travel companions traveling with the passenger in question.

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The overboard deaths of a 7-year-old boy and his mother show the most likely scenario when people fall off cruise ships. A young boy and his mother both died after going overboard a passenger ferry earlier this month.

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