The International Maritime Organisation’s (IMO) Legal Committee is currently reviewing an important update focused on the fair treatment of seafarers. This comes as shipping organizations enhance efforts to safeguard crews from arbitrary detention, extended legal uncertainty, and criminal charges in foreign jurisdictions. A joint report from the International Chamber of Shipping (ICS) and the International Transport Workers’ Federation (ITF) highlights the alarming trend of seafarers being detained for extended periods, sometimes for years, while investigations into alleged crimes occur, often without sufficient evidence.
The report identifies a significant disconnect between national governments and local judicial systems. While many IMO member states endorse international guidelines for fair treatment, local prosecutors and courts may lack awareness or fail to apply these standards in cases involving maritime incidents. Consequently, seafarers may find themselves isolated from their families and caught in legal frameworks that do not fully recognize the unique aspects of their profession.
In response to these challenges, the ICS and ITF have established the Industry Standing Forum on the Criminalisation of Seafarers, aimed at providing a unified industry voice in cases of detained crew members. The forum has already convened multiple times and is actively engaging with authorities to advocate for fair treatment as outlined in the 2025 ILO/IMO Guidelines. Additionally, the report raises concerns about the rising risks faced by crews due to criminal networks exploiting commercial shipping for drug trafficking, further complicating the legal landscape for seafarers.
To address these issues, the ICS has introduced a centralized digital hub offering localized loss-prevention guidance. However, the overarching concern remains the necessity for due process and consistent application of international standards. The industry emphasizes that fair treatment should not merely exist on paper but must be actively implemented by authorities in detention cases. For seafarers, prolonged detention poses significant personal and emotional challenges, while for the shipping industry, the criminalization of crews undermines confidence in the global maritime system amid existing geopolitical tensions and compliance complexities.
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