I don't have a problem with taking an unregistered ship in international water. Let the owners/insurers sue in international court the legality of the ship and cargo. I I am not sure if rank and file crew members would know about the fake registration. Some are assigned from agencies, that recruit from owners/operators. I am glad that the U.S. military handled this without any loss of life on either side, that Trump got a warrant and given the value of the cargo, I think that the legalities can be worked out later.
From google ai:
Who can justify the taking of a ship that is flying under a false flag? Anyone?
"Yes, a warship or authorized government vessel from any state can legally stop, board, and potentially seize a ship on the high seas that is flying a false flag.
Under international maritime law, specifically Article 92 of the United Nations Convention on the Law of the Sea (UNCLOS), a ship must sail under the flag of only one State. If a ship sails under two or more flags according to convenience, or under a false flag (without the authorization of that country), it may be treated as a
stateless vessel.
Stateless vessels are not entitled to the protection or the exclusive jurisdiction of any flag state. This means that the principle of freedom of navigation, which generally prevents interference by other nations on the high seas, does not apply.
Article 110 of UNCLOS explicitly grants any warship the right to board a merchant ship on the high seas if there are reasonable grounds for suspecting that:
- The ship is engaged in piracy or the slave trade.
- The ship is involved in unauthorized broadcasting.
- The ship is, in reality, of the same nationality as the warship, despite flying a foreign flag.
- The ship is without nationality (stateless).
The recent seizure of the oil tanker
Skipper by the U.S. demonstrates this principle. The U.S. government justified the seizure by pointing out that the vessel was falsely flying the flag of Guyana, a fact confirmed by the Guyanese Maritime Administration. Additionally, the U.S. had a federal judicial warrant to seize the vessel due to its alleged involvement in an illicit "dark fleet" oil trafficking network that violated sanctions against Venezuela and Iran, which further solidifies the legal basis for the action.
In summary, any state with the capability and reasonable grounds for suspicion can act against a ship using a false flag, as it is considered a matter of enforcing public order and security on the high seas."
Interestingly, neither the USA or Venezuela are signatories of this nearly universal law. Google ai still justifies it by "customary law."
It is also interesting that "
Overall "Dark Fleet" Percentage: The "dark" or "shadow" fleet (vessels with obscured ownership and operations, often using deceptive practices like false flags) now accounts for an estimated
10% to 17% of all global seaborne oil transportation."
There should be more done about false flag ships. I hope they do not get their oil or their ship back unless they have a good legal reason. In those ships that cut the underwater cables, some officers are charged with crimes. Typically the ships were returned though.
