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Subject: Law of the Sea Questions from the Stupid Question Department.
Herald1234    5/12/2007 12:25:25 AM
What are the current general peacetime rules covering stop and search operations in International Waters when interdicting suspected pirates and smugglers? What conditions apply, that are necessary for the pirates and smugglers to legally meet, before you blow them out of the water? Herald
 
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AdvanceAustralia       5/20/2007 3:32:27 PM

What are the current general peacetime rules covering stop and search operations in International Waters when interdicting suspected pirates and smugglers?

What conditions apply, that are necessary for the pirates and smugglers to legally meet, before you blow them out of the water?

Herald
I can't give an in-depth analysis of this but a good starting point is The United Nations Convention on the Law of the Sea (Part VII), Articles 100 to 111 inclusive.

Article 100

DUTY TO CO-OPERATE IN THE REPRESSION OF PIRACY

All States shall co-operate to the fullest possible extent in the repression of piracy on the high seas or in any other place outside the jurisdiction of any State.

Article 101

DEFINITION OF PIRACY

Piracy consists of any of the following acts:

(a) any illegal acts of violence or detention, or any act of depredation, committed for private ends by the crew or the passengers of a private ship or a private aircraft, and directed:

(i) on the high seas, against another ship or aircraft, or against persons or property on board such ship or aircraft;

(ii) against a ship, aircraft, persons or property in a place outside the jurisdiction of any State;

(b) any act of voluntary participation in the operation of a ship or of an aircraft with knowledge of facts making it a pirate ship or aircraft;

(c) any act of inciting or of intentionally facilitating an act described in subparagraph (a) or (b).

Article 102

PIRACY BY A WARSHIP, GOVERNMENT SHIP OR GOVERNMENT AIRCRAFT WHOSE CREW HAS MUTINIED

The acts of piracy, as defined in article 101, committed by a warship, government ship or government aircraft whose crew has mutinied and taken control of the ship or aircraft are assimilated to acts committed by a private ship or aircraft.

Article 103

DEFINITION OF A PIRATE SHIP OR AIRCRAFT

A ship or aircraft is considered a pirate ship or aircraft if it is intended by the persons in dominant control to be used for the purpose of committing one of the acts referred to in article 101. The same applies if the ship or aircraft has been used to commit any such act, so long as it remains under the control of the persons guilty of that act.

Article 104

RETENTION OR LOSS OF THE NATIONALITY OF A PIRATE SHIP OR AIRCRAFT

A ship or aircraft may retain its nationality although it has become a pirate ship or aircraft. The retention or loss of nationality is determined by the law of the State from which such nationality was derived.

Article 105

SEIZURE OF A PIRATE SHIP OR AIRCRAFT

On the high seas, or in any other place outside the jurisdiction of any State, every State may seize a pirate ship or aircraft, or a ship or aircraft taken by piracy and under the control of pirates, and arrest the persons and seize the property on board. The courts of the State which carried out the seizure may decide upon the penalties to be imposed, and may also determine the action to be taken with regard to the ships, aircraft or property, subject to the rights of third parties acting in good faith.

Article 106

LIABILITY FOR SEIZURE WITHOUT ADEQUATE GROUNDS

Where the seizure of a ship or aircraft on suspicion of piracy has been effected without adequate grounds, the State making the seizure shall be liable to the State the nationality of which is possessed by the ship or aircraft for any loss or damage caused by the seizure.

Article 107

SHIPS AND AIRCRAFT WHICH ARE ENTITLED TO SEIZE ON ACCOUNT OF PIRACY

A seizure on account of piracy may be carried out only by warships or military aircraft, or other ships or aircraft clearly marked

 
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Herald1234    Thank you.   5/20/2007 5:52:11 PM
Herald
 
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Yimmy       5/20/2007 6:07:40 PM
So thats why they call it "Pirate Radio"....


 
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dogberry       5/21/2007 10:58:28 PM
Can we still hang the pirates when we catch them?
 
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xylene       5/25/2007 5:06:15 AM
For a vessel in international waters it would need to be caught in the act of piracy ;i.e. distressed vessel giving radio call for help and assisting vessel arriving. There is no provision for allowance of a suspect ship in international waters to be sunk.
 
In practice, it really depends on the flag state registry of the suspect vessel. Navies can strong arm a vessel registered  under flag of convenience but it becomes different matter if flag state is maritime power. For example if Indian navy stopped and searched a Bahamiam flagged vessel in international waters , it would be an incident, but not much Bahamas can do about it. Becomes an entirely different scenario if British merchant vessel is fired on.
 
Basically all commercial vessels need to be registered by a flag state, be insured, have good clearence from last port of call, have manifest for next port of call. Many ports today require ship to be cleared days before entry, have appointed agents, and some require certificates of financial responsibility. If a ship does not have theses things it could be probable cause to allow boarding and inspection in pirate waters.  It lends to unique phenomenon of ghost ships which are used by bad guys having false registries, etc. Many are in Indian Ocean, South China Sea, etc.
 
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