MARITIME INTERDICTION AND THE RETURN OF MIGRANT BOATS UNDER THE LAW OF SEA

Maritime Interdiction is currently one of the most disputed instruments used by states to manage their borders. All states possess the inherent right of granting or denying access to its territories. By exercising this sovereign right, states use all means and resources to interdict and turn back migrants’ boats that have come to their borders. One of the real problems that emerge here is that such interception measures taken rarely check properly which of the migrants need protection and which are illegal. These circumstances raise many issues under International Law. For instance, the issue of refugee protection; the obligations upon states to protect life at sea; obligation upon states for search and rescue; protection under the principle of Non-Refoulement; it also questions the states authority to control the seas as an immigration policy tool. Such are some of the issues that concern various human rights at sea. The aim of this paper is to understand legal status of the concept of Maritime Interdiction and the return of migrant boats under the International Law, UNCLOS and the contemporary state practice. The author believes that humanitarian consideration (i.e. protection of lives at sea) must prevail over personal interests of states. This paper uses doctrinal research methods and comparative analysis of states approaches to maritime interdiction actions. Analysis has also been strengthened with the decisions of states, regional and international courts.