According to the MSC Guidelines,a ‘place of safety’ means a location where the rescue operations can be considered as completed. In accordance with Principle 6.14 of the Guidelines, the rescue unit can be the place of safety, but only provisionally. In fact, the text insists on the role that the flag state and the coastal state should play in substituting for the master of the rescuing vessel (Principle 6.13). Moreover, pursuant to the same guidelines, the state in whose SAR zone the operation took place has the duty to provide or, at least, to secure a place of safety for the rescued persons (Principle 2.5). This Principle simply requires that the coastal state carries out the SAR operations and brings them effectively to an end, i.e., not leaving the rescued persons (whatever their status) at sea. Considering that the MSC Guidelines are not binding, Principle 2.5 suggests that the coastal state has a ‘residual obligation’ to allow disembarkation on its own territory when it has not been possible to do so safely anywhere else.[16] This has been clarified by the IMO Facilitation Committee (FAL), which adopted the ‘Principles relating to administrative procedures for disembarking persons rescued at sea’.
aCCOrdiNg to tHE msC gUidelinEs,a ‘PlaCe oF sAfety’ mEANs A lOcaTioN wHEre the resCUe operaTIOnS Can Be conSIderEd as cOMpleted. iN aCcordanCE wITH PrinciplE 6.14 of ThE GUidElInes, tHe rescue uNit cAN be the plaCe OF SAFeTY, but only pRovisiONaLly. in faCt, The texT insists ON the rOlE ThAt thE flAg stATe ANd the coaSTal sTate shoUld play in suBsTitutiNG fOr the mAstER of tHE rEscuing veSsEl (PriNciPle 6.13). MoReovEr, purSuant TO thE SaME guidelInes, ThE StaTE in whosE sar zone the opEraTioN ToOK plaCe haS tHE duty TO PRovIdE oR, At lEAst, to SecuRE a pLace oF Safety fOr the rescUeD persons (PriNcipLE 2.5). thiS pRiNciple sIMPlY rEquireS thaT ThE COastAL sTaTe CArries out THE sar opEratIoNS anD bRinGs ThEM EffeCtIVelY to aN END, i.e., not LeavinG tHe ReScUEd PersONs (whatever tHeIr sTatus) At SEa. cOnsiDErinG That The msC guIDELiNes aRE Not BindIng, prinCiple 2.5 suggeSTs tHat The coAsTal stAte hAS a ‘rEsIduAl obligaTiOn’ tO ALlow DisemBarkatION On ItS OwN tErritory When iT haS nOt Been possIble to do So SafEly AnYwheRe else.[16] This has Been cLArIfieD by the iMo fAcilitaTion committEe (Fal), wHich AdoPteD The ‘pRinciples RelaTInG to aDmInistrativE PROceduReS for diSemBarkinG pErsonS ResCueD at sea’.