A Delphi Study: Criminalisation of Seafarers

Purpose: This research project aims at investigating the domain of criminalisation of seafarers. In the recent years, the shipping industry has witnessed an upward trend in the criminalisation of innocent seafarers, with a rush to brand accidents as a criminal act. Therefore, this research project investigates the justification for criminal sanctions. Furthermore, the impacts of criminalisation towards the shipping industry, including the seafaring community have been explored. Research Design and Methodology: In order to achieve the aims and objectives of this research project, a Delphi study has been undertaken in which two Delphi rounds were conducted. Experts’ opinion on 12 statements were collected and analysed. Statements have been derived from the literature review and cover areas such as criminality and criminalisation, the reasons for the trend towards criminalisation, the impact and the justification for criminalisation. Findings: Out of the 12 statements, five consensuses statements were achieved in the first round of the Delphi study. In the second round, the remaining amended seven statements achieved consensuses by the expert panel. From the agreed statements, it can be concluded that there are vast opinions regarding imposing criminal sanctions and the justification for it. In fact, justification of criminalisation may be debated in many ways. Nonetheless, there is a need for balance between punitive criminalisation and the strong desire to combat ship-source pollution. Recommendations: After conducting a Delphi study with the expert panel, it is recommended that a similar Delphi study may be conducted over a longer period of time, including voices from international organisations (e.g. International Maritime Organisation) and current as well as potential seafarers to the expert panel, regarding their opinions on criminalisation and the misinterpretation of existing international anti-pollution instruments resulting from relevant authorities. Keywords: criminality, criminalisation of seafarers, justification of criminal sanctions, Delphi studyBusiness Scoo