https://www.declassifieduk.org/did-trump-and-starmer-break-international-law-with-tanker-seizure/
The UK justified its support for North Atlantic operation, saying sanction-dodging ship was stateless. Legal experts say that’s debatable
The US seizure of a Russian-flagged oil tanker, with British military support, in the North Atlantic may have violated international law, legal experts tell Declassified.
“Overall, there would appear to be no credible basis in law for this interdiction,” Douglas Guilfoyle, professor of international law at the University of New South Wales in Sydney said.
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Just before 2pm on Wednesday, US European Command announced the ship’s seizure, with Britain’s Ministry of Defence confirming soon after that it had provided the US with “enabling support in full compliance with international law”.
The support included Royal Air Force surveillance and the provision of the RFA Tideforce, a Royal Navy auxiliary ship “designed to provide key underway replenishment at sea”.
Defence secretary John Healey justified the UK’s involvement, citing the ship’s “nefarious history” of Russian-Iranian axis sanctions evasion “fuelling terrorism, conflict and misery from the Middle East to Ukraine”.
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Donald Rothwell, a professor of international law at the Australian National University, said a vessel could only be stopped, searched and seized on the high seas under four conditions.
These are if it is a pirate ship, engaged in unauthorised broadcasting, is stateless/not-flying a flag or acting in violation of US Security Council resolutions.
“None of those conditions appear to apply in this instance as I understand the tanker was Russian flagged (and that is not in dispute), and the only sanctions it was subject to were US sanctions imposed under US,” he said.
“So, on the facts, this would appear to be extraterritorial US national law enforcement taking place on the high seas/international waters, or even within the UK’s 200 [nautical mile] exclusive economic zone.”
The UK support, he added, was “not exceptional, especially as the tanker was off the coast of Scotland and would have in the normal course of events been under watch by the UK”.
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https://www.declassifieduk.org/did-trump-and-starmer-break-international-law-with-tanker-seizure/
