PUB - Publikationen an der Universität Bielefeld

This article examines a case in which three fishermen were sentenced for people smuggling after having rescued 99 refugees from their sinking ship near Indonesia. The analysis is grounded in the juxtaposition of three different sets of mobility rules – Indonesian migration law, customary law of the sea, and international law for search and rescue at sea. It argues that recent mobility restrictions at the Indonesian state level implemented to deter maritime movements are in violation of longer-standing local and international sets of mobility rules meant to protect lives at sea. The findings show a legal precedent that could cause potential non-state rescuers to abandon rescue to avoid state sanctions, while states may enjoy impunity for disregarding international law concerning the rescue of people in distress at sea.