In principle, states are allowed to inspect ships belonging to humanitarian organizations in their ports. The European Court of Justice (ECJ) decided on Monday in Luxembourg. The verdict means a defeat for the rescue organization Sea-Watch, based in Berlin. She had complained that in the summer of 2020 Italian authorities had held two of the organization’s rescue ships for months.
The mere fact that a ship is systematically deployed for sea rescue does not mean that international legal requirements have to be observed, according to the judgment. However, the port state can only detain a ship if there is a clear risk to safety, health or the environment.
The two ships “Sea-Watch 3” and “Sea-Watch 4” were also checked on the grounds that they had taken a far higher number of people on board than was permitted. The court explained that the number of people could not in itself constitute a reason to justify an inspection.
However, the port state has reliable indications of a danger even if ships are classified as cargo ships but are in practice used systematically for the search and rescue of people. “Sea Watch-3” and “Sea-Watch 4” are certified as cargo ships.
