"Captains of German flagged merchant ships are liable to criminal prosecution if they bring migrants to Libya. Not only states, but also private individuals must therefore comply with the ban on refoulement. The Association of German Shipowners must hurriedly make this known among its members," explains Andrej Hunko, European policy spokesman for the Left Party in the Bundestag.
Merchant ship captains of German-flagged ships can be prosecuted in Germany under § 221 StGB if they bring refugees to countries such as Libya. This is written by the Scientific Services of the Bundestag in the study "Maritime rescue by non-governmental actors" requested by Andrej Hunko. The German Regulation on the Safety of Seafaring (SeeFSichV) provides for compliance with the instructions of a competent Maritime Rescue Coordination Centre (MRCC). However, the prohibition of refoulement is regarded as a higher-ranking law.