The law of the sea !

Yesterday a ship docked at Wollongong's Port Kembla and police rushed aboard because a member of the crew was missing and fellow sailors feared for their lives and were holed up in a cabin for mutual protection. This enquiry opens a can of worms that will test the Australian legal system as it seeks to clarify what law applies to a ship registered in another country that encounters a possible crime when in international waters.

The " Sage Sagittarius " is a " flag of convenience " vessel, registered in Panama.  It has a crew of twenty-one from the Philippines and it was on it's way to Newcastle when a report of a crew member missing overboard caused it to be diverted to Port Kembla.    The " missing man " report happened in the Timor sea, hence it's actual position will be important to determine if the law of the nearest landmass will come into play.

There are rumours that the missing crewman may have been murdered because he intended to lodge a report about pay and conditions on the ship.   Flag of convenience vessels have an unsavoury reputation for dodging everything from safety stipulations to the basic food and pay conditions that apply under International shipping laws.   Many of these vessels fit into the " ship of shame " category.

If a murder did occur, it would seem to be the perfect crime.   Disposing of a body in the vast reaches of the ocean leaves no trace.  Unless the event was actually witnessed, any accusation can only revolve around suspicion and that raises the question of who has the authority to put the suspected murderer before a court - and what law of what country applies in the trial.

Theoretically, it is possible that investigating this event may be entirely in the hands of that ship's captain.   The " Law of the sea " dates back to the times when ships sailed uncharted seas and power was invested in captains to perform marriages, bury the dead - and try and hang captured pirates.   A ship's captain had supreme power - and that law has never been rescinded.

It would seem reasonable to expect that the United Nations and the International Court of Justice would have moved to create a universal law regimen that applies to all who sail the oceans, but obviously vested interests have failed to agree on any measure of uniformity.    It suits the " flag of convenience " nations to be outside the law because of the fees they garner for providing that privilege.

It seems that justice will depend on whatever legal options can be cobbled together to deal with an event that is far removed from the reach of Australian law !