Abstract
Sea slavery—men trapped in forced labor on board illegal, unreported, and unregulated (IUU) fishing vessels—exists across the world’s oceans. If confronted with sea slavery while conducting a boarding of a foreign-flagged IUU fishing vessel on the high seas, may a coastal State military officer free the victim? This article answers the question affirmatively, relying on the duty to render assistance under the international law of the sea. That duty requires all mariners who receive information that a person is in distress to proceed with all speed to assist the person in distress. In order to meet the definition of “distress,” an individual must be in grave and imminent danger. This article demonstrates that the conditions sea slaves face are so serious, certain, and inevitable that they meet the requirements of grave and imminent danger, qualifying the men trapped in forced labor as “persons in distress.” This status unlocks the full force of the duty to render assistance. The answer to the question then is not a permissive may but rather a mandatory shall. A coastal State military officer that comes into contact with a person trapped in forced labor aboard a foreign-flagged fishing vessel on the high seas not only may—but must—take action to rescue that enslaved person.
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