Liberia Declines Role in MSC Elsa 3 Sinking Probe: India to Launch Independent Investigation
May 28, 2025, Kochi, India — Liberia, the flag state of the container ship MSC Elsa 3, which capsized and sank off the coast of Kochi on May 25, has formally declined to participate in the maritime casualty investigation, multiple sources within the Indian government confirmed. The move places full responsibility for the inquiry into the incident on Indian authorities under domestic maritime law.
“So, under India’s Merchant Shipping Act, the Directorate General of Shipping, the maritime administration, will start a full-fledged maritime casualty investigation,” a senior government official told this publication, speaking on condition of anonymity.
The 28-year-old vessel, owned by the Switzerland-headquartered Mediterranean Shipping Company S.A. (MSC)—the world’s largest container carrier by capacity—was en route from Vizhinjam Port to Cochin Port when it developed a dangerous tilt before sinking. The ship was classed by DNV, a globally recognized classification society.
International maritime norms, including the Casualty Investigation Code of the International Maritime Organization (IMO), typically assign responsibility for casualty investigations to the flag state of the vessel. In this case, that responsibility would have fallen on Liberia, where the MSC Elsa 3 was registered. The IMO, a specialized United Nations agency, establishes the legal framework for shipping safety, environmental protection, and casualty investigations.
It remains unclear why Liberia has opted out of the investigation. The decision has raised eyebrows in maritime circles, particularly given the international significance of casualty probes for improving maritime safety and accountability.
“This is highly unusual,” said a maritime law expert familiar with the matter. “Even if the accident occurred in another country’s territorial waters, the flag state is expected to at least participate or cooperate in the inquiry.”
Investigative Focus: Ballast Operations Gone Wrong?
Indian maritime authorities suspect that faulty ballast operations may have caused the ship to sink. Ballast water, stored in special tanks, is used to manage a vessel’s stability, trim, and draft. When conducted improperly, ballast operations can destabilize a vessel, especially during cargo handling or transit.
Initial observations indicate that MSC Elsa 3 began listing significantly before it capsized. “How can a ship, within 100 nautical miles from the coast, have a 5 percent tilt, which goes to 22 percent and then 26 percent before sinking?” asked a government source involved in the investigation.
According to preliminary assessments, the vessel’s ballast operations did not align with load-line conventions and stability calculations, which could have critically compromised its buoyancy and balance.
Experts suggest the age of the vessel may also have been a factor. At 28 years, MSC Elsa 3 was approaching the end of what is considered an optimal operational lifespan for cargo ships, particularly under the stress of heavy load and continuous service in high-traffic maritime zones.
Salvage Efforts and Environmental Concerns
In response to the incident, the Indian Coast Guard has deployed four specialized oil spill containment vessels to the area to prevent any major environmental fallout. With the wreckage resting on the seabed, concerns have mounted over the possibility of an oil spill contaminating the coastal ecosystem.
“The problem now is the salvage response,” the government official said. MSC has engaged T&T Salvage, a U.S.-based marine salvage and firefighting firm, to oversee the recovery operations. However, Indian authorities are still awaiting a detailed salvage plan from the company.
“We’ve asked T&T for a salvage plan, but it has not been submitted yet,” the source added.
Meanwhile, the aftermath of the sinking is already being felt along Kerala’s coast. At least 20 containers from the sunken vessel have washed ashore at various locations. Authorities fear that hundreds more—still afloat—could be carried by tides and currents onto the coastline in the coming days.
“We are trying to deploy tugs and smaller boats to keep them off the coast,” said the official.
The containers could pose significant safety and environmental risks if they contain hazardous materials or come ashore near populated areas. The Directorate General of Shipping is coordinating with local port authorities, the Coast Guard, and disaster response teams to secure these floating hazards.
MSC Silent, Pressure Mounts
Despite the magnitude of the incident, MSC has not issued a public statement or press release. The company’s silence has drawn criticism from both industry observers and the Indian public.
“Given the scale of the event and its potential environmental implications, one would expect a swift and transparent response from the shipowner,” said a shipping industry analyst based in Mumbai. “Their continued silence is troubling.”
The lack of communication from MSC has complicated efforts by Indian authorities to coordinate salvage and containment operations effectively. With the investigation now squarely in India’s hands, officials say they are committed to conducting a comprehensive and transparent inquiry.
Broader Implications
The MSC Elsa 3 incident underscores critical gaps in international maritime governance—particularly regarding the responsibilities of flag states. Liberia, known for its “flag of convenience” registry, is one of the most popular jurisdictions for ship registration due to its low fees and relaxed regulatory environment.
“Incidents like this reignite debates about the flag-of-convenience system and the accountability of maritime operators,” said a retired IMO consultant. “If a flag state refuses to investigate, it leaves coastal nations to bear the operational and environmental burden.”
As India moves forward with its independent investigation, global shipping stakeholders will be watching closely. The results may influence future regulations and raise questions about the efficacy of international maritime law when flag states choose to opt out.
For now, the waters off Kerala remain a zone of high alert, as Indian officials work to contain the damage, determine the cause, and prevent similar disasters in the future.
