The US Coast Guard boarded a vessel in Icelandic waters, citing a breach of sanctions against Venezuela. This incident has led to conflicting claims from the US and Russia.
Incident Details
The US stated its actions were based on a warrant from a US federal court.
Russia's Tass news agency reported that Russian officials consider this a clear violation of international law, asserting that "no state has the right to use force against ships properly registered in the jurisdictions of other states."
The vessel, previously named Bella 1 and now Marinera, reportedly received a temporary permit to sail under the Russian flag on December 24.
International Law Considerations
The interdiction of the Marinera/Bella 1 raises questions regarding the law of the sea.
Before the flag change, the US reportedly targeted ships carrying Venezuelan oil that were either stateless or suspected of flying false flags. Such ships lack protection under Article 92 of the United Nations Convention on the Law of the Sea (Unclos), which is customary international law.
Stateless Vessels
A ship without a flag state cannot assert exclusive jurisdiction over it on the high seas, making it vulnerable to interception.
Unclos states that a ship sailing under multiple flags and changing them based on circumstances "may not claim any of the nationalities in question with respect to any other State," potentially rendering it legally stateless.
Until the reported flag change on December 31, the Marinera/Bella 1 could have been treated as stateless by any state.
Hot Pursuit
The legal position remains unclear, potentially depending on whether the US was already pursuing the vessel when its flag changed. If so, the US might argue it could disregard the re-registration under "hot pursuit" provisions.
Unclos specifies that the right of hot pursuit ceases when a ship enters the territorial sea of its own state or another state, not explicitly when a ship ceases to be stateless.
However, there is doubt regarding whether this was a hot pursuit, as such pursuits typically originate in a state's maritime zones, not on the high seas.
Reflagging During Voyage
The Russian Ministry of Transport claims the US action violates Article 92, stating the registry change occurred on December 24.
The US could counter by arguing Article 92 became applicable against it only when the Russian flag was painted on the hull on December 31.
Article 92 also states, "A ship may not change its flag during a voyage or while in a port of call, save in the case of a real transfer of ownership or change of registry." This permits flag changes if there is a corresponding change of registration. Assuming a genuine registration to Russia, the timing of painting the flag serves as evidence.
Precedent Setting
The reflagging of a vessel while under pursuit represents a novel point in international maritime law, with no known previous incidents.
The resolution of this incident is expected to establish a precedent for future cases on this issue. The competing legal arguments of the US and Russia will determine the more convincing interpretation.