Maritime borders are not distinct and therefore create issues for determining sovereign boundaries. International waters are riskier for people in terms of government protection and government responsibility.
When a maritime murder occurs in international waters, the sovereign responsible for investigating the matter and doling out justice is the vessel’s flagged country. Vessels are flagged by a sovereign, so a US-flagged whaling ship, for example, would be under US jurisdiction when it conducts business in the South Atlantic international waters. If murder occurs on that ship, it is the responsibility of the US government to investigate and serve justice.
The UN
Interestingly, the UN does not play a central role in international waters. When there are regional conflicts that flare up, the UN often sends armed peace-keeping forces to patrol the area. Its mission is to defuse the crisis and involve the international community in coming to a resolution. The UN also created the International Criminal Court, better known as the ICC, to prosecute those accused of war crimes.
Despite the UN’s significant involvement in regional conflicts and use of the ICC to bring criminals to justice, it is not active in the maritime space. In 2014, many complained of significant loss of life on the high seas. When that occurs, it is, as mentioned, up to the ship’s sovereign flag country to investigate. When those countries did not investigate, the UN did not step in and insist on investigation and justice.
In general, the UN involves itself in regional conflicts, not in small issues related to a sovereign. The ICC also has a limited scope of its jurisdiction and does not apply to murders that occur on ships. In addition, the ICC does not have its own police force and relies on member governments to arrest perpratrators and bring them to the ICC for trial. On top of that, only certain countries ratified the ICC treaty. Sovereigns like the US never ratified the treaty and are therefore not subject to ICC jurisdiction.
When Murder Occurs
Against this backdrop, punishment for murder on the high seas is hard to enforce. Often, the ship is flagged by a country that is uninterested in dealing with the issue. There is no mechanism of compelling the country to launch an investigation.
Further muddying the waters is the high rate of suicides on board ships, making suicide an excuse not to pursue murder complaints. According to a World Health Organization, or WHO, report, seafarer professionals have the second highest rate of suicide amongst all professionals. The report cites 17,000 maritime deaths between 1960 and 2009. Of those, 6% were from suicide.
More startling is that the report bases its data upon those declared dead. Many more have gone missing, suggesting that the 6% number may actually be low. We will probably never know.
Involved in the maritime trade? You need a lawyer who understands your business and understands maritime law. Contact the Kolodny law firm, maritime law attorneys.
Alan Kolodny is committed to representing injured clients in Texas and throughout the United States. Alan earned his B.A. from Rice University and his J.D. from Southern Methodist University.
He focuses his practice on representing plaintiffs in personal injury cases involving the following matters: maritime and offshore accidents, including those under the Jones Act; automobile and 18-wheeler truck accidents; and industrial site accidents, work-related accidents, and claims for injured railroad workers under the Federal Employers’ Liability Act.
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