Must a Captain Be the Last One Off a Sinking Ship?

The captain of the Costa Concordia, which crashed into rocks off the Italian coast and capsized, has been criticised for allegedly leaving the ship while passengers were still on board. Is a ship's captain legally required to be the last one off?

In the popular tradition of the sea, a ship's captain is expected to stay until all the passengers have been safely evacuated.

Fixed in the public imagination is Captain Edward Smith of the Titanic, who was last seen on or near the bridge of the ship as it went down.

In contrast, Captain Francesco Schettino is said to have left the Costa Concordia while many passengers were still struggling to reach safety.

A recording of a conversation between Captain Schettino and an Italian coastguard has been made public, in which the coastguard orders him back on to the ship to count the number of women and children remaining. The captain replies that he is co-ordinating the evacuation from a lifeboat.

Ultimate authority

Edward Phillips, principal lecturer in the department of law and criminology at the University of Greenwich, says a captain who fails in his duty in Italian waters could in theory be prosecuted under either international or national law.

• A captain may be charged with a breach of duty of care, depending on the law in the country where the accident happened
• An international convention of which Italy is a signatory says captains bear responsibility for the vessel's safety
• In international customary law, captains must follow principles of prudent seamanship - which means taking responsibility for the safety of crew and passengers
• There is a strong expectation among seamen that the captain will not leave until passengers have been safely evacuated

Customary international law requires captains to operate under the principles of prudent seamanship, which means caring for the safety of crew and passengers, he says.

A captain's legal responsibilities are also set out in the Safety of Life at Sea (SOLAS) convention, which has been adopted by 161 of 170 member states of the International Maritime Organization. Italy is a member.

The first version of the treaty was passed in 1914, directly as a result of the sinking of the Titanic.


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