The cable break in the Gulf of Finland occurred during the Christmas holiday last year. On Friday, the Helsinki District Court was to pronounce its judgment against the accused captain and two other crew members of the Eagle S, which is flagged on the Cook Islands and has been considered part of the so-called Russian shadow fleet.
But the judgment was absent. The District Court ruled that they could not judge in the case since the cable break occurred on international waters.
Considering the course of events, it was in my opinion completely clear that Finland lacked jurisdiction, says Said Mahmoudi, professor emeritus in international law at Stockholm University with maritime law as a special area.
The flag state can apply laws
The Finnish Coast Guard boarded the ship on international waters and then forced it into Finland's territorial waters where the crew was arrested. And if a ship is on international waters, it is only the state that has registered the ship that has jurisdiction to apply its laws to the ship, according to Mahmoudi.
Since Finland has evidence that the ship caused the damage, the country can turn to the International Tribunal for the Law of the Sea in Hamburg and sue the Cook Islands. However, it is not likely according to Mahmoudi – since it is known that it is Russia that is hiding behind the small island nation.
Not a free pass for Russia
This does not mean, however, that it is a free pass for Russia to do what they want as long as they move on international waters, according to Mahmoudi. The trial against Eagle S is nonetheless significant.
It gives a signal, at least to Russia and the large number of ships and countries involved, that it is serious and can have consequences in the future, he says and adds that he thinks other countries in the future can proceed to the tribunal.
