In the last voyage of the Ro-Ro vessel CIRKIN we have also read reports of operation #IRINI vessels not being able to enforce the UN dispositions, with CIRKIN simply refusing to be inspected and apparently EU forces powerless after such refusal.
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It is natural to question how this could happen and why, with many questioning the actual will behind operation IRINI.
After some research, here some relevant facts:
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After some research, here some relevant facts:
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EU mandated operation #IRINI can operate in international waters only with UN authority, and such authority comes from UN resolution 2292 from 2016. undocs.org/en/S/RES/2292(…
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4/18
The resolution grants the authority to inspect vessels in high seas (which would normally be illegal) if suspected to be carrying weapons to Libya, but it also clearly specifies that such authority doesn’t cover vessels entitled to “sovereign immunity”
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5/18
Unfortunately UNCLOS, which basically defines the “international laws of the sea” doesn’t go into the details of what Sovereign immunity can extend to, it covers some basic cases but leaves a lot to be interpreted.
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Interpretations that need to rely on centuries of international conventions, treaties and court cases.
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7/18
Countries can have different interpretations of “sovereign immunity” and some kind of international consensus is used to handle most cases (for others there would be international courts).
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8/18
In our case the “THE COMMANDER’S HANDBOOK ON THE LAW OF NAVAL OPERATIONS” ( hsdl.org/?view&did=8068… ) helps us understand some of it.
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It is a guide, based on US interpretation of UNCLOS and in general international law regarding war and military sea operations, that every US Navy captain has to study and can rely on when in need.
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10/18
In our case, the paragraph on “Auxiliary Vessels” helps us explain what it is going on with Turkish shipments.
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11/18
Among the many interpretations of what an auxiliary vessel can be, this one willingly ignores the flag of such vessels, basically defining them as any vessel under the control of armed forces. Auxiliary vessels enjoy sovereign immunity, the guide clearly states.
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12/18
Going back to the CIRKIN, reports of her attempted interception by IRINI frigates clearly mention it being “escorted” by 3 Turkish frigates, same for past shipments.
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The escort would make it easy for Turkey to claim that CIRKIN was under control of it’s Navy and so consider it covered by sovereign immunity. Relevant also that all popular cases of similar shipments where allegedly escorted by Turkish Navy.
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This interpretation could surely be contested, especially given that CIRKIN wasn’t flying Turkish flag, but such dispute would have to go through court, while in the meantime CIRKIN would be free under international law to continue her voyage without being boarded.
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15/18
All this to say, that at least at sea, if Turkey claims sovereign authority over a vessel, especially if escorted by its navy, there is nothing that could be done to stop it “legally” (if not by vessels legally in a state of war with Turkey, but luckily it isn’t the case).
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International community and IRINI mission can document what they consider embargo violations and present the evidence at UN which could then be able to sanction the embargo violators.
For reference :
BANA - 28/1/2020
CIRKIN - 28/5/2020
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For reference :
BANA - 28/1/2020
CIRKIN - 28/5/2020
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CIRKIN 10/6/2020
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