Russia is casting around for legal measures it can use against Greenpeace. To any reasonable person the accusation of piracy is ludicrous. Russia has come to it because there is no other charge over which it can claim jurisdiction.
Under the UN Convention on the Law of the Sea, which Russia has ratified and is in force, the criminal jurisdiction of a coastal state operates only within its territorial sea of up to twelve miles. Beyond that it may have an exclusive economic zone of up to two hundred miles, and a continental shelf may extend even beyond that; but within those zones the rights of coastal states are limited to jurisdiction over economic activity and mineral exploitation.
The Russians appear very aware of the legal position. When the Greenpeace activists were first arrested, I heard on BBC World Service radio here in Accra a Russian government spokesman say the vessel appeared to be towing a seismic buoy. Greenpeace explained it was a survival pod. But the point is, if it had been a seismic buoy, that would have been an economic activity which the Russian government is indeed entitled to regulate, so it was s thought out pretext (though I have no doubt a dishonest one).
Obviously the argument that they were engaged in unlawful economic activity may have justified the original arrest but quickly falls. What else is left? The seas above the exclusive economic zone are part of the High Seas – a fact often misunderstood. The only criminal activity on the High Seas over which a state other than the flag state of the vessel can claim jurisdiction is piracy. So if the Russians want to bring charges, it is piracy or nothing.
Of course any sensible government would opt for nothing, and accept that demonstrations happen. The Russian government is not sensible in that sense, and would far rather throw away the international kudos gained over Syria, than admit for one second that Putin is not in complete macho control of absolutely everything.
The stupid thing about all this is that Russia has every legal right to be drilling for oil in the Arctic, a great deal of which is rightly within Russia’s exclusive economic zone. The Russians have the right to drill, and Greenpeace have the right to protest about it.
What this is not, is piracy. Greenpeace were not intending to steal or damage any rig, vessel or cargo, or to commit violence. They were just protesting. The definition of piracy in UNCLOS is quite clear:
Article 101
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).
Plainly this is not piracy.
Greenpeace owned lock,stock and barrel by the spooks long long long time.
Word.
C’mon, Jives – say it ain’t so. I still give a monthly subscription to Greenpeace.
Glenn,
That’s your choice i guess.
Follow the money…
Sadly , Russia are probably in the right again and Jives is correct.Greenpeace was long ago owned lock,stock and barrel by the spooks and the crazed Marxist Saul Alinsky fanatics. The flawed global warming (now hush hushely changed to ‘climate change’)fad being one of their trojan horses for a globalist corporate system. Anyone who cares to look in to it will see that most of the well meaning environmentalists have long gone. Unfortunately, like Oxfam, the Red Cross (finely tuned lazer guided humanitarian intervention)WWF and Avaaz to name but a few, they just can’t be taken seriously anymore.
Putin win again
@ Jemand,
Q: Those words might come back to haunt ol’ Henry if he lasts long enough.
R: My sentiments exactly.
@ Glenn/Others,
Although I’m a tree-hugging, loincloth-wearing, falafel-munching, yoghurt-flogging, sandal-weaving hippie, I’ve never been attracted to Greenpeace. I’m always suspicious when confronted with large, organized whatever. I can’t present any of you solid evidence or facts providing insight into Greenpeace’s daily business and I have to admit that [in the early years] they really managed to drag injustice onto the table and TV screens, but as of late, I dunno.
I’ve seen too many times how large corporations bought out/bribed the opposition [not the masses, their leaders], so I’ve become very skeptical. Doesn’t mean Greenpeace is doing anything wrong, but it does make me sound like a bitter kind of dude [which I’m not, I hope].
Off topic.
Syria… Let the Infighting Begin…
Piracy at Sea has different meanings for different people. For example, Somalians who were fighting to save their country from foreign exploitation – were hunted down by the western powers as “Sea Pirates”.
http://rehmat1.com/2009/04/15/israel-behind-red-sea-piracy/
This might help in shedding more light on Human Rights Watch as was discussed in another thread on a different page.
@ Rehmat,
Q: For example, Somalians who were fighting to save their country from foreign exploitation…
R: I’m not familiar with the situation on that side of the continent, but if it’s a reflection of what happened/happens on the other side, it would go like this:
Huge factory ships [Europe/Asia] scoop up most of the fish, leaving local communities with barely anything to eat and survive in what can be at best be described as already extremely harsh living conditions. It’s my understanding that the Somalian piracy has its roots in similar circumstances, where the livelihood of the locals had been destroyed by commercial fishing fleets the world over.
Greenpeace Russian oil rig protesters ‘no pirates’ but broke international law, says Putin
Addressing an Arctic Forum in northern Russia, the president [Putin] said:
“It is perfectly obvious that they are no pirates. But they made a deliberate attempt to seize the oil platform. Our law-enforcement agents, our border guards didn’t know who was trying to seize the platform under the guise of Greenpeace.
http://www.euronews.com/2013/09/25/greenpeace-russian-oil-rig-protesters-no-pirates-but-broke-international-law-/
So Russia’s not saying that they’re pirates. But climbing aboard an oil rig seems like a fairly stupid thing to do if you don’t want to face arrest, even if the rig is in international waters. I think If I were living in Scotland I’d want the government to arrest unauthorized people climbing aboard a North Sea Oil rig, since they would obviously represent a huge security risk.
@ CanSpeccy,
Q: … since they would obviously represent a huge security risk.
R: Very true. I would also like to add the ‘safety’ factor. I had two friends [professional divers on oil rigs] and they always talked about how safety/security was a constant factor that leaned heavily on anyone’s mind. Having unprofessional ‘outsiders’ climb aboard, would, no doubt, raise both issues a few notches.
What strikes me as odd, is that Greenpeace uses boast propelled by engines running on the same stuff that the Russians are trying to extract via those rigs [in crude form then, of course].
481,884 emails sent so far
Free our activists
Right now, the crew of our ship the Arctic Sunrise are being held by armed Russian Coast Guards after they illegally boarded the ship in international waters.
The Arctic Sunrise had been part of a peaceful protest against energy giant Gazprom which is poised to drill for the first oil to come out of the icy waters of the Arctic.
Using a helicopter and ropes, armed Coast Guard officials boarded the ship and started rounding up the activists, assembling them on the helideck. The Arctic Sunrise was circling Gazprom’s Prirazlomnaya platform inside international waters and outside the jurisdiction of Russian authorities, making the boarding of the ship unlawful.
Please send an urgent email to the Russian Ambassador in London and demand the Russian Coast Guard release the peaceful protesters immediately
https://secure.greenpeace.org.uk/page/speakout/release-peaceful-protesters?js=false?source=tw&subsource=sunrisetw
http://www.greenpeace.org/international/en/about/how-is-greenpeace-structured/governance-structure/board/
http://www.greenpeace.org/international/Global/international/publications/greenpeace/2013/GPI-AnnualReport2012.pdf 56 pages
Thanks for bringing this political arrest of an outspoken and principled MP to our attention again, Brendan. We now see the dirty face of electioneering at work, anything to discredit UKIP and the Green Party, absolutely anything.
They really do not know what they are doing, by this rate of Orwellian measures against legitimate protests we will soon see peaceful protest be pushed underground.
Who are they going to arrest next? George Monbiot? for just standing there in support next to her?
Lord Brown has a lot to answer for, because he usurped the energy ministry for his gains, a rights scurrilous scoundrel who should have been hauled over the barrel when he was in power.
His Lordshit Brown who’s interests lie behind this arrest is rapidly following TB into Hades.
I fear as this massive public relations mistake will reverberate around the country and bring more membership to the Green party and raise their profile with voters who do care about the impact fracking will have, that the Governments own goal will be followed by more of such erratic actions, using the police for their political aims.
http://www.independent.co.uk/news/uk/crime/green-party-mp-caroline-lucas-charged-over-balcombe-antifracking-protests-8839123.html
How many more good people will be harassed before we wake up in this country and send them packing? or are you all waiting for an Independent Godot/Scotland to scurry off to?
“We’re going to see a lot of mediagenic propaganda drama about how Russia/China/Iran breaches human rights.”
Of course the best drama is often based on the truth.
Yes Nevermind… The gangsters in charge here, and elsewhere, are in danger of overdoing it. The people will twig it eventually.
btw It is Browne with an ‘e’. Perjurer extraordinaire and bon vivant.
http://aboutlordbrowne.com/lord-brownes-relevant-experience/
His fellow peer has peeped out from his coffin to slag off Miliband. http://news.sky.com/story/1146596/mandelson-criticises-miliband-energy-plan
Browne’s current interests
Partner & managing Director Riverstone LLC 2007-
Chairman Queen Elizabeth Prize Foundation 2011-
Chairman Blavatnik School of Government Advisory Board 2011-
Chairman Tate Galleries 2009-
Mandelson’s current interests
Directorships
Director, Willbury Limited (trading entity for Member’s public speaking/writing; remuneration for all work listed in category 2 (except the profit share from Global Counsel LLP) is paid to Willbury Limited)
Non-executive Director, Sistema (diversified holding company)
2: Remunerated employment, office, profession etc.
Chairman and Partner, Global Counsel LLP (strategic advice consultancy)
Chairman, Lazard International (international financial advisory firm)
Two days ago we saw some mindless violence being meted out to a protester, in front of TV camera’s, and at a time when children were watching it.
Now if its in the public interest to see Dr. Caroline Lucas MP prosecuted for merely refusing to move on, shirley its in the public interest to see Ian Dale’s bad examples of mindless violence prosecuted.
Riverstone LLC is his new energy vehicle, Mary, especially created for his fracking empire, on the back of the ministries he has usurped. I bet it has a Swiss or Lichtenstein subsidiary were he pays some taxes.
Jives I hope you’re wrong about the spooks owning Greenpeace. It has long been the target of imperialist governments. Was it not the French secret services that blew up the Rainbow Warrior in New Zealand?
As to any country having the rights to exploit mineral wealth, it might be true under international law, but whether it is morally right is an important issue since the ecosystem of the planet is already in tatters due to mineral exploitation by man.
I bet Russia kicks itself for selling Alaska so cheaply to the United States.
Clearly it is not piracy, but the GP protesters did
try and storm the rig, so not unsurprising that the
Russians would take firm action.
I find it difficult to imagine that any western nation
would tolerate similar action – it would most likely be
classed as an act of terrorism.
That doesn’t make the Russians right, but the West has
long since surrendered the moral high ground on matters
of international law (if indeed they ever occupied it).
We don’t see quite enough of greenpeace on the clyde, been a few years now. they could perhaps take advantage of the support to be rid of the wmd’s as the independence debate heats up.
Talking of the arctic, here’s a vid of the largest calving ever recorded on film, Amazing .
https://www.youtube.com/watch?v=hC3VTgIPoGU
Off topic.
The cowardly US military can now fly converted fighter-jets as drones.
http://www.businessinsider.com/the-air-force-turns-this-f-16-into-a-drone-2013-9
(if indeed they ever occupied it)
Good Point D.E. When one considers how The ‘ west ‘ is responsible for the largest Genocide in history – Native American’s, And how we have Acted Before and Since, allway looking for more Blood, with Disgusting Shits like Bliar always sniffing around, never enough for that little *%$*
I have no doubt whatsoever that had that been American security forces, most, if not all of the Greenpeace people would be dead
“The cowardly US military can now fly converted fighter-jets as drones.”
Fearless Russians not far behind them though.
http://rt.com/news/russian-defense-innovation-fair-803/
Brian Fujisan, and DomesticExtremist, agreed. The difference between the actualities and the narrative, is an ever widening gap, that cannot be ignored, glossed over or hidden.
Venezuelan president has skipped going to UN, because US would not issue visas for some of his staff. Further, President Maduro has issued a statement;
In addition Bolivian President Evo Morales (the same president who was detained, and his ride searched for Snowden) has delivered his speech in the UN;
Surprisingly never talked about is the fact that the “advocate general” of the Human Rights (albeit self appointed) has never ratified the treaties on the Human Rights, as it proceeds to bludgeon the “evil doers” and “violators of HR”. High-sounding moral homilies are just about what the US et al are too busy delivering, never mind the facts and actualities.
Pedants’ corner.
“The only criminal activity on the High Seas over which a state other than the flag state of the vessel can claim jurisdiction is piracy.”
No – there are others specified in UNCLOS (causing a collision [article 97] and unauthorised broadcasting [109]); and there further types of criminal activity over which some states claim universal jurisdiction, including in respect of slave trafficking, torture, crimes against humanity, some sex crimes, etc. etc.
Although I should add that the jurisdiction of the English courts over UK subjects who commit murder abroad (s9 of the Offences against the Person Act 1861 and s3 of the British Nationality Act 1948) applies only to murder committed on land.
Kempe, quite revealing. I wonder if they used their air-defence capabilities in shooting down the two Israeli missiles that were being used to involve the US in the Syrian crisis? If so they must be quite advanced. The Israelis at first thought the Yanks had downed them and called it a ‘joint-effort’.
Human Right Watch and the Jewish Lobby
@Daniel Rich
On June 6, 2013, the top United Nations Human Rights Council (UNHRC) official, professor Richard Falk called on 47-nation body to “investigate” and if found guilty, expel the Geneva-based Israel lobby group, the UN Watch.
In his latest report, Richard Falk said the UN Watch’s “smear campaign” is carried out in “numerous settings, including at the Human Rights Council, as well as university campuses where Falk gives lectures.” He called upon UNHRC member nations to set-up a mechanism to protect its Special Rapporteurs from the Zionist smear campaign against freedom of thoughts.
It seems, finally, the good-old Jewish professor has called “enough is enough”, after being a victim of several vicious campaigns by his Jewish groups and their poodles in the US and some EU governments for his removal as a top Watchdog at UNHRC.
http://rehmat1.com/2013/06/11/richard-falk-calls-for-removal-of-jewish-un-watch/
Kempe, I think your use of ‘fearless’ for the Russians, and my use of ‘cowardly’ for the US were apt adjectives. Russia has not waged war on any other state to steal its mineral resources this century and, to my knowledge not used UAVs to kill indiscriminately unarmed people remotely. Wish we could say the same about the cowardly Yanks. I’m glad we’ve found some common ground.
They are prolly going to the International Tribunal for the Law of the Sea if the ship and crew is not released:
http://www.rijksoverheid.nl/documenten-en-publicaties/kamerstukken/2013/09/25/stand-van-zaken-rondom-het-greenpeace-schip-arctic-sunrise.html