International law has long recognized the shipmaster’s duty to render assistance to persons in distress at sea, a principle widely regarded in the literature as a cornerstone of both treaty law and customary international law. This obligation, reflected in instruments such as the United Nations Convention on the Law of the Sea (UNCLOS), the International Convention for the Safety of Life at Sea (SOLAS), and international conventions on salvage and collision, situates shipmasters as de facto first responders in maritime emergencies. However, they must make logical decisions before performing their duty regarding the safety of the ship’s crew and passengers.
On the other hand, contemporary maritime realities—particularly large-scale refugee movements, inadequate SAR coordination, health risks, security threats, and commercial pressures—have intensified the ethical, legal, and operational dilemmas faced by shipmasters. Merchant vessels, which are neither designed nor equipped for mass rescue operations, increasingly act as first responders, yet they receive limited legal protection, operational guidance, or financial support. The uncertainty surrounding the concept of a “place of safety,” prolonged disembarkation delays, and the reluctance of coastal states to accept rescued persons further exacerbate these challenges. This study examines the role of the shipmaster in the maritime rescue operations, focusing on the transition of the duty to render assistance from a moral obligation to a legally enforceable one. It critically analyses international legal frameworks alongside selected national approaches to penal and disciplinary enforcement, highlighting the tension between humanitarian duties and the practical realities faced by shipmasters at sea.