Russia versus Greenpeace 210

 in Uncategorized by

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.

 

Allowed HTML - you can use: <a href="" title=""> <abbr title=""> <acronym title=""> <b> <blockquote cite=""> <cite> <code> <del datetime=""> <em> <i> <q cite=""> <s> <strike> <strong>

210 thoughts on “Russia versus Greenpeace”

1 2 3 4 5 … 7
  • Mary

    O/T but the most disgusting unpleasantness for the Palestinians who live in Abu Dis.

    By e-mail 26 September 2013

    Last night a new weapon by the Israeli army against the people in Abu Dis: they drove round the main streets and sprayed sewage water everywhere – Descriptions are of the really disgusting smell absolutely everywhere. It entered the houses and the kids’ rooms – and it didn’t clear like teargas apparently does. It hung around in the fabric inside houses and made everyone fear for their health: rumours of possible viruses are going around.

    The Israeli army have been using a lot of tear gas recently in Abu Dis. The children in the Abu Dis schools have lost many of the first school days in Abu Dis, as the army have been shooting tear gas into school playgrounds as well as around the nearby university.

    We are writing to our MP, asking him to ask the Foreign Office to enquire about this, in order to protect the people (and in particular the children) in the face of such attacks. You may want to do the same.

    Does anyone have contact with news media that might cover this particularly the sewage spraying? We know it is not the first time in Palestine, have heard of it in Nabi Saleh and Bil’in when there have been demonstrations, and then last Friday in Aizariah next to Abu Dis. But this is the first time in our ‘twin’ town, right in the middle of all the families, and it must not be allowed to become routine (anywhere)!

    Camden Abu Dis Friendship Association
    Linking together for human rights
    PO Box 34265
    London NW5 2WD
    http://www.camdenabudis.net
    Charity number 1112717

    http://en.wikipedia.org/wiki/Abu_Dis Located in ‘Area B’ of the ‘West Bank’. 10,000+ residents.

  • Mary

    26 September 2013 Last updated at 13:58

    Remand hearing for Greenpeace team held in Russia
    Denis Sinyakov in court in Murmansk, Russia

    A Russian court has begun hearings to decide whether 30 Greenpeace activists should stay in custody over their actions during an oil protest.

    Two Russians among them were remanded in custody for two months by the court in Murmansk, a port city north of the Arctic Circle.

    Rulings are expected shortly for the other activists, who come from 18 different countries.

    Greenpeace says the activists were staging a legal, peaceful protest.

    Coastguards arrested them on suspicion of piracy after two scaled an offshore drilling platform.

    Russian President Vladimir Putin has said the activists are obviously “not pirates” but did not criticise their continued detention.

    The charge of piracy carries a prison term of up to 15 years in Russia.

    /..
    http://www.bbc.co.uk/news/world-europe-24281628

  • mark golding

    Multiple sources of public knowledge, including testimony from Russian FM Sergey Lavrov, Mother Agnes Mariam el-Salib and Jean Pascal Zanders provide actual evidence that if a neurotoxic agent has been used in Damascus to kill innocent citizens and children that the actual perpetrators can only be the death squads of al-Qaeda and associated criminal gangs in Syria that kill the innocent population to prevent their final defeat by the regular Syrian army.

    Yet again the world was 24hrs close to a Gulf of Tonkin cum Shock & Awe ‘skewed evidence’ or government lies and contrived truth drowning media frenzy induced US/UK air-strike on Syria, murdering, orphaning and maiming thousands of Syrian civilians including babies, toddlers and teens.

    Previously a similar phony war against Iraq amounted to genocide and provoked a terrorist attack in London that murdered 52 and injured 700, some permanently maimed.

    I believe we cannot move from our present dimension and attain a higher level of consciousness without intention.

    Intention is the purpose of a private prosecution under the historical section 6(1) Prosecution of Offences Act, 1985 against PM and First Lord of the Treasury, David William Donald Cameron MP with evidence that he[Cameron]advanced Britain into drafting a resolution accusing the Syrian government of using chemical weapons and authorising ‘all necessary measures’ under Chapter 7 of the UN Charter or in interpretation, incitement to genocide based on lies.

    Private prosecutions are under attack. The Government propose that the consent of the Director of Public Prosecutions should be required before any such arrest warrant can be issued.

    https://www.gov.uk/government/speeches/the-case-for-the-prosecution-independence-and-the-public-interest

    It is therefore crucial that the historic common law right of an individual to prosecute is preserved.

  • anon

    “Russia has not waged war on any other state to steal its mineral resources this century”

    Of course there is no oil in Chechenya, but I suppose that was an internal boundary dispute. And of course lets not mention Russia turning off the gas to the Ukraine in the middle of winter in order to encourage more constructive political thinking.

    I think you will find that Putin and his mob have been more interested in stealing Russia’s own mineral resources before turning its attention to the higher hanging fruit in other countries.

  • Uriah Heeep

    Of course the best drama is often based on the truth, as any manipulative two-year old learns, BUT HE did this, HE did THAT, mid-tantrum. In some cultural milieus, little Worthington or little Yuval never does learn that that little trick doesn’t get you off the hook and only increases the obloquy. But if Mommy doesn’t teach you, it takes a lot of grade-school swirlies to break the habit.

    Uh oh, here comes Vlad and Evo and the wrestling team!

  • Kempe

    John, I am quite confident that all 11 countries that currently employ drones have the same motivations and if preserving the life of a highly trained young person is part of that, why not? Those behind the anti-drone hysteria had to invent something that made drone strikes sound worse than those by manned aircraft and accusations of cowardice (no doubt from people who have never heard a shot fired in anger) have so far been the best they can do. Similar accusations were levelled against WW1 pilots who wanted parachutes.

    http://www.theguardian.com/news/datablog/2012/aug/03/drone-stocks-by-country

    As for the Russians shooting down that Israeli missile firstly can you provide some proof and secondly explain what Israel hoped to achieve by firing one relatively small missile at Syria? Oh and why the Syrians never protested about it too.

  • Emmpey

    “Greenpeace explained it was a survival pod.”

    Must be true then, even though “survival pods” are usually called “lifeboats” and are best left on the ship so, you know, you can get into them in an emergency without getting wet – which would be very serious in Arctic condtions.

    It wouldn’t be the first time nefarious commercial activites have been conducted under the guise of ‘charity’, ‘aid’ and ‘peace activism’. In fact the ‘survival pod’ would also make a great mobile manned sigint station, and that picture of the Polar Bear – what fantastic cover. In fact it could be handy for all sorts of other things, but a “survival pod” would be very low down on my list.

    This may explain why Greenpeace is more obsessed with Russian exploration than the greatest ever man made environmental disaster that is Fukishima, with one core burying itself deep into the Earths crust and irradiating the entire Pacific Ocean why aren’t they drawing more attention to this instead of diverting media focus away?

    No geopolitical bias in Greenpeace’s activities or the media reporting? Of course not, dear chumps – everything is exactly as they tell you it is.

  • Emmpey

    “Curious as to why Green Peace has never targeted the gulf of mexico spill? Although Green Peace site tries to tie up the spill to the Russians activity in the Arctic.”

    Not curious if one follows geopolitical and commercial motives rather than environmental – why arent Greenpeace warning the world about Fukishima? It’s the worlds worst man-made environmental disaster by a long long way.

  • John Goss

    “John, I am quite confident that all 11 countries that currently employ drones have the same motivations and if preserving the life of a highly trained young person is part of that, why not?”

    Why should preserving one life be more important than taking hundreds of lives in unprovoked attacks? Is one life more important than another? Against a perceived enemy that cannot defend his or her self. That is cowardice in my book. There is a factory called UAV Engines at Shenstone, just outside Lichfield, where the majority of directors are Israeli. It is pretty clear where the aggression is coming from, who is funding it, and who is profiting from it.

    At school we were taught that when a big boy hits a little boy that is bullying. The teachers try to stamp it out. For the big boy to hit the little boy means that the little boy is seen as weaker. When the big boy steals the little boy’s sweets, pea-shooter or whatever it is called stealing. When the big boy does not pick on a boy his own size he does not do so for fear the big boy might hit him back. He is a bully towards little boys, but because he is a coward, avoids confrontation with the big boys. As you mention Russia has its own resources, but it also has a means of protecting them, so the big boy goes after little boys. In recent history the oversized, bullying, thieving, cowardly country has shown itself to be the United States of America. I hope by the little parable you can understand what I am trying to say.

  • anon

    “As you mention Russia has its own resources, but it also has a means of protecting them”

    From its own kleptocracy (or bullies as you call them)??????????????

  • MJ

    “…explain what Israel hoped to achieve by firing one relatively small missile at Syria?”

    I don’t think the suggestion is that it was fired at Syria. That would indeed be pointless. The suggestion is it was fired at a US vessel, with the intention of provoking a retaliatory attack – against Syria. You know, a USS Liberty-type doodah.

  • mark golding

    Thanks Mary – Sick in the stomach that the Norton company was bought out to further the myopic drone killing machine.

    Mr. David Garside must also be filled with horror. He was technical and commercial leader at Norton Motors during their development of the Norton rotary motorcycle engine in the early 90’s.

    David went along with in the development and production of a UAV rotary engine that was meant to be used exclusively in UAV surveillance not murder.

    Norton Motors previously contracted with Freedom Motors to undertake a rotary engine endurance test.

    Mr. Garside holds 11 UK patents and was awarded the MBE by the Queen for his services to the UK Industry. In 1992 he lead a Management Buyout of Norton Motors by an Israeli consortium.

    Mr. Garside retired from UAV Engines Ltd in 2001 but is still a consultant.

  • John Goss

    Mark, fat lot of effect Amnesty has had in four years. When governments choose to bypass universal condemnation they seem quite capable of succeeding which demonstrates what a disgusting world we live in.

  • BrianFujisan

    Mark @ 3;17

    Well said, Brave Mother Agnes Mariam el-Salib,

    WhereTF is the rest of church voice’s in all of this, I mean, i’m fkn half deaf i can hear them deafening style( The cowardly Silence ) Talk about Moral high ground. Shits

    Ben

    Yet more strange goings on,

    Hubble has a crappy 2 month old video of ison, its just risible.
    we should be getting good Hubble images by now for sure, Odd to say the least

  • nevermind prosecuting Dr. Caroline Lucas, what about a violent Ian Dale?

    Thanks for your explanation, pedant, what does that make the Mavi Marmara incident? if you don’t mind me asking.

    @Mary. Ian dale’s violence transmitted for all to see justifies a caution, it is not in the public interest to be prosecuted despite the multiple evidence and footage to the contrary.

    Dr. Caroline Lucas refused to move of her own free will and got arrested for not moving on when told to do so, so I believe, but she did not attack anyone and did not obstruct once the police led her away.

    The state of justice today, well can it be called justice at all?

  • Dreoilin

    For heaven’s sake …
    According to this + earlier threads,

    Greenpeace
    Oxfam
    Red Cross
    WWF
    Avaaz
    Human Rights Watch and
    Amnesty International

    are all dodgy.

    Who am I supposed to send my pennies to, and/or campaign for?

    I assume the DEC are still legit. 😉

    ———————————-

    Saudi Arabia hires Israel occupation profiteer G4S to police Muslim pilgrimage to Mecca

    http://www.middleeastmonitor.com/news/middle-east/7502-asrararabiya-g4s-to-secure-pilgrimage-in-saudi-arabia

  • MJ

    “That is a good old name from our glory days when we manufactured cars.”

    “We still do and nearing record numbers”

    Assembling is not the same as manufacturing. Putting together a flatpack from Ikea does not make you a furniture-maker.

  • Mary

    Brian. I did notice. Dale stood as a Con in Norfolk North in 2005. He came second to Lamb. Then he tried to get accepted in 2007 as the Con candidate in Maidstone for Widdy’s seat but was not chosen. Previously he tried to get selected in Bracknell but was turned down. Third time unlucky. He has given up politics.

    ~~

    ‘Where the law ends, tyranny begins.’ John Locke 1632 – 1704

    I think we are there already.

  • John Goss

    Dreolin, it is not possible to donate to all charities and some of them are undoubtedly not fit for purpose, keeping an administrative elite in luxury. The one I have no scruples in donating to is Reprieve the charity Clive Stafford Smith set up to defend those imprisoned on very dubious grounds. It has got many prisoners released from Guantanamo Bay, and is working on behalf of Shaker Aamer the last remaining British detainee, as well as others.

    http://www.reprieve.org.uk/

1 2 3 4 5 … 7

Comments are closed.