Stopping Small Boat Crossings to England Within the Existing Legal Framework
Most of these small boats would seem to be both dangerously overloaded and under-powered. Consequently everyone onboard them is "in danger of being lost", a direct quotation from Article 98 of the UN Convention on the Law of the Sea (UNCLOS) i.e. "The Duty to Render Assistance".
If there is a problem with Royal Navy or other UK state-owned vessels operating in French waters, performing "rescue" operations, how about French registered and crewed vessels, operating out of French ports, working for a French NGO, being given generous donations from the UK, from individuals and/or HMG, with a remit to be on the lookout for anyone who needs "rescuing"?
Of course the people on the small boats will likely protest they would prefer to be left alone. However, as far as I can see, the overloaded/underpowered boats clearly put their passenger "in danger of being lost", so UNCLOS Art. 98 creates a duty to rescue them. If they protest in English, one advantage of using French crew would be they can simply retort "Désolé, je ne parle pas anglais!"
Alternatively unwillingness to be rescued could be construed as evidence that the passengers had lost their minds. The boats are underpowered so would be easy to tow back to shore. If anyone fell overboard they could be rescued from the sea and taken back to shore on the rescuing boat. Other ideas to keep everyone safe could include specially designed, extra-large rafts, unfurled below the small boats and then inflated, thus bypassing the errant vessels outboard motors and facilitating towing to the French shore.
Of course this would only stop the overload and underpowered boats. However, I think that would dramatically reduce numbers, as it would make these crossings much more expensive. What, in practice, prevents this from being done? Would the French want to stop it, and could they? Being signatories to the UN Convention on the Law of the Sea, it is hard to imagine the French either intervening to prevent the "rescuing" of people "in danger of being lost", or to prevent vessels performing such rescue operations from landing at their ports so the rescuees can disembark.
NB If you have read through all this, please consider writing to your MP / setting up such an NGO in France / making a donation to the latter of someone beats you to it! Unless, of course, you can see a fundamental flaw, in which case do, please, share your thoughts.
Posted Jun 15, 2026, 12:54 PM UTC