Charting Uncharted Waters: Unravelling Extraterritorial Duties under Articles 2 and 3 of the ECHR

Abstract The article will examine the extent and scope of States’ positive obligations under Article 2 (right to life) and Article 3 (prohibition of torture) of the European Convention of Human Rights ( ECHR ) in the context of shipwrecks involving migrants, including those occurring in extraterritorial waters. While the European Court of Human Rights (ECtHR) has increasingly recognized States’ duties to prevent loss of life and to protect individuals from inhuman and degrading treatment, the precise contours of these obligations remain contested in cases of maritime distress. We argue that States have a duty not only to undertake proactive measures to prevent such tragedies, but also to ensure rigorous post-incident accountability. This includes an obligation to investigate shipwrecks thoroughly and to institute appropriate inquiries, including criminal proceedings when necessary. The analysis will take into account the relevant ECtHR case law. We will demonstrate that the extraterritorial nature of these incidents does not have to absolve States of their responsibilities under the ECHR . In doing so, we highlight the need for a coherent legal framework to address the accountability gap and strengthen the protection of migrants at sea.