Casualty & Incident Investigation: Conflicting Interests, Shared Objectives — Finding the Balanced Way Forward

Investigators know all too well that a single maritime casualty can trigger multiple parallel investigations — each with its own purpose, pressures, and expectations. While the IMO Safety Investigation framework promotes a no-blame, learning-focused approach, real-world practice must reconcile this philosophy with legal, commercial, and regulatory demands.

1. The Many Types of Investigations in a Marine Casualty

Maritime incidents rarely attract just one investigation. Typically, several run concurrently, each driven by different mandates:

1.1 Marine Safety Investigations (IMO Code)

These are strictly no-blame, focusing on causal factors, human elements, and systemic safety issues. Their sole purpose: prevent recurrence.

1.2 Statutory or Disciplinary Inquiries

These determine whether individuals or companies breached national or international maritime regulations.

1.3 Criminal Investigations

Coastal or port states may pursue criminal proceedings, especially in cases of death, pollution, or suspected gross negligence.

1.4 Insurance & Commercial Investigations

P&I Clubs, hull underwriters, and cargo interests investigate primarily to allocate liability and protect financial exposure.

1.5 Company Internal Investigations

These assess ISM Code compliance, management oversight, and organizational risks, including reputational damage.