Further supplementary written evidence
by the Home Office on the European Commission report International
Maritime Law in response to Q198 from Baroness Henig, 17 October
2007
— International law of the sea consists
of a substantial body of legal rules comprising both customary
international law and several treaties. Inevitably, as with any
body of law, there may be differences in opinion on how the law
is interpreted between different States. It is clear that States
participating in Frontex operations will have to do so compatibly
with their obligations under international law. These obligations
will be considered carefully when any operation is planned, with
any differences in interpretation examined and resolved to the
satisfaction of the participating States. The UK will not act
in a way which it considers to be contrary to its international
obligations.
— We welcome the Commission's recent
working paper calling for clarification of the international law
of the sea as it relates to illegal migration. We support the
Commission's view that clear guidelines are needed for the interception
of ships suspected of carrying illegal migrants, particularly
on obligations regarding the disembarkation of migrants.
— The responsibility for migrants rescued/intercepted
during the course of Frontex operations and the legal framework
which applies is determined by the Member States involved as part
of operational plan, taking account of international law.
— This system appears to work for joint
operations but we support the Commission's initiative which has
led to a working group to agree general guidelines for Frontex
operations, including who is responsible for migrants intercepted/rescued
during Frontex operations. The UK participates in this ongoing
working group which met on 24 September in Brussels and discussed
the detail of the guidelines. Some progress was made but its clear
significant further discussion is required prior to agreement.
The next meeting is scheduled for 29 November.
14 November 2007
|
|
