Understanding the Casualty Investigation Code (IMO Resolution MSC.255(84))

By Stanley Henriques, Retd. Marine Engineer, Founder of Alfidelfi.com

The Casualty Investigation Code was adopted by the Maritime Safety Committee (MSC) through IMO Resolution MSC.255(84). Its full title is the Code of the International Standards and Recommended Practices for a Safety Investigation into a Marine Casualty or Marine Incident.

This Code enhances maritime safety by standardizing the process for investigating marine casualties and incidents, aiming to identify causal factors and recommend improvements to prevent recurrence.

Why the Code Was Adopted

The Code was adopted to protect seafarers, passengers, and the marine environment by improving how marine accidents are reported and investigated. It recognizes:

• The importance of the United Nations Convention on the Law of the Sea (UNCLOS)
• The responsibilities of flag States under international conventions like SOLAS, MARPOL, and others

It took effect on 1 January 2010 along with amendments to SOLAS regulation XI-1/6.

Structure of the Code

The Code is divided into three parts:

• Part I – General Provisions
• Part II – Mandatory Standards
• Part III – Recommended Practices

Part I – General Provisions

This section sets the overall objectives:

• Ensure objective and consistent marine safety investigations
• Keep investigations separate from criminal, civil, or administrative inquiries
• Establish the right of any State to investigate incidents within its jurisdiction or involving its flagged ships

Part II – Mandatory Standards

• Chapters 4–5: States must notify the IMO of their marine safety investigating authority and report certain casualties.
• Chapters 6–7: States must investigate very serious marine casualties and cooperate with other substantially interested States.
• Chapters 8–9: Empower investigators to board vessels, gather evidence, and interview crew.
• Chapters 10–11: Ensure impartiality and allow participation from other States.
• Chapter 12: Safeguard seafarers’ legal rights during evidence collection.
• Chapter 13: Draft reports must be shared with interested States confidentially.
• Chapter 14: Final reports should be submitted to the IMO and shared with the public if they include safety insights.

Part III – Recommended Practices

• Chapters 15–16: Provide qualified investigators following IMO best practices.
• Chapter 17: Investigate non-serious incidents if safety lessons can be learned.
• Chapters 18–21: Facilitate cooperation among States during investigations.
• Chapters 22–23: Use evidence responsibly, respect confidentiality.
• Chapter 24: Protect witnesses from legal consequences related to self-incrimination.
• Chapters 25–26: Complete reports promptly, and reopen investigations if new evidence emerges.

Conclusion

The Casualty Investigation Code promotes a uniform global approach to safety investigations, prioritizing learning over blame. It strengthens cooperation between maritime nations and supports IMO’s mission of improving safety at sea.

For marine engineers, superintendents, or seafarers, understanding this Code helps clarify what to expect during investigations and ensures accountability without fear.

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