THE criminalisation of seafarers following maritime incidents remains a significant concern for the shipping industry, prompting calls for stronger legal protections, better corporate support and greater international oversight.
During a webinar hosted by the Centre for Ocean Policy & Economics, maritime leaders warned that growing numbers of masters and crew are being detained, investigated or prosecuted despite acting in good faith while carrying out their duties.
Kuba Szymanski, secretary-general of InterManager and a senior fellow at COPE, said shipowners and managers must support seafarers in the same way other industries protect employees acting on behalf of their employers.
“When a company sends someone into a work environment, there should be support if something goes wrong,” he said.
That support should include legal representation, insurance, practical assistance during detention, communication with families and contingency planning for incidents involving criminalisation.
Szymanski said families must be central to any response plan, warning that a lack of information following an arrest or detention can cause severe distress. He also urged shipowners to assess legal risks before sending vessels to jurisdictions where seafarers face a greater threat of detention or prosecution.
To address what it sees as a growing global problem, COPE has proposed two initiatives.
The first is an international treaty establishing minimum standards for the treatment of seafarers who are detained, investigated or prosecuted. The agreement would guarantee access to independent legal counsel, translation services, family contact and safeguards against prolonged detention.
The second is a global maritime observatory to record and analyse cases of seafarer criminalisation. The repository would improve transparency, identify recurring trends and provide policy makers, researchers and industry stakeholders with better data to develop fairer legal frameworks.
COPE said the observatory could become a central source of case information, helping the industry share lessons from previous incidents while improving government accountability. Existing industry data, including work undertaken by InterManager, could form the foundation of the initiative, with the International Maritime Organization potentially hosting it.
Lack of maritime expertise
Szymanski described the trend as “very worrying”, arguing that many cases stem from poor coordination between government agencies and a lack of maritime expertise among investigators.
“The problem with the shipping industry is that every member of the IMO has its own jurisdiction and some countries’ maritime authorities are better than others,” he said.
He criticised the response to several recent maritime accidents in Europe and the US, where local police with limited understanding of shipping operations had moved quickly to arrest foreign crew members in an effort to assign blame.
Szymanski also linked crew criminalisation cases to fatigue caused by minimum manning levels and growing administrative burdens.
“With no radio officers anymore, captains can now spend 80% of their time doing bureaucracy,” he told Lloyd's List. “Captains often have to undertake bridge watches alone to give officers a rest.”
Criminal exposure
COPE programme manager Lis Laurie said the consequences extend far beyond individual cases.
“Maritime transport depends on people, and if seafarers believe they may face legal uncertainty or criminal exposure even when acting in good faith, it can discourage people from entering or remaining in the profession,” she said.
Such concerns could ultimately undermine maritime safety, workforce stability and the resilience of global supply chains.
Laurie argued that governments can pursue effective law enforcement without compromising due process.
“Clear procedures, transparency, international cooperation and treaty-based standards can help governments investigate crime while ensuring that seafarers are not unfairly treated or presumed guilty without evidence,” she said.
She added that the issue has become more prominent as shipping grows increasingly digitalised and interconnected. Automation, artificial intelligence and more sophisticated port operations have created new opportunities for organised crime to exploit legitimate maritime trade, increasing the risk of innocent seafarers becoming caught up in criminal investigations.
A big weakness, Laurie said, is the lack of consistent legal protections across jurisdictions.
“Seafarers should not have to depend on the good fortune of being investigated in a jurisdiction with better safeguards," she said. "Protections should be clear, predictable and available regardless of where an investigation occurs.”
As an immediate step, Laurie called for greater access to translation services, arguing that legal documents, guidance and information on fundamental rights should be available in languages seafarers understand.
“This is something civil society can help with now,” she said. “It would address a practical gap that often makes it harder for seafarers to understand and exercise their rights.”
