1.1 The objective of this Code is to provide a
common approach for States to adopt in the conduct of marine safety
investigations into marine casualties and marine incidents. Marine
safety investigations do not seek to apportion blame or determine
liability. Instead a marine safety investigation, as defined in this
Code, is an investigation conducted with the objective of preventing
marine casualties and marine incidents in the future. The Code envisages
that this aim will be achieved through States:
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.1 applying consistent methodology and approach,
to enable and encourage a broad ranging investigation, where necessary,
in the interests of uncovering the causal factors and other safety
risks; and
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.2 providing reports to the Organization to enable
a wide dissemination of information to assist the international marine
industry to address safety issues.
1.2 A marine safety investigation should be separate
from, and independent of, any other form of investigation. However,
it is not the purpose of this Code to preclude any other form of investigation,
including investigations for action in civil, criminal and administrative
proceedings. Further, it is not the intent of the Code for a State
or States conducting a marine safety investigation to refrain from
fully reporting on the causal factors of a marine casualty or marine
incident because blame or liability, may be inferred from the findings.
1.3 This Code recognizes that under the Organization’s
instruments, each flag State has a duty to conduct an investigation
into any casualty occurring to any of its ships, when it judges that
such an investigation may assist in determining what changes in the
present regulations may be desirable, or if such a casualty has produced
a major deleterious effect upon the environment. The Code also takes
into account that a flag State shallfootnote cause
an inquiry to be held, by or before a suitably qualified person or
persons into certain marine casualties or marine incidents of navigation
on the high seas. However, the Code also recognizes that where a marine
casualty or marine incident occurs within the territory, including
the territorial sea, of a State, that State has a rightfootnote to investigate the cause of any such marine casualty
or marine incident which might pose a risk to life or to the environment,
involve the coastal State’s search and rescue authorities, or
otherwise affect the coastal State.