Russia’s Shadow Fleet Exposes Gaps in International Law

A ship that had been dragging its anchor – Fitburg – damaged a cable running along the seabed of the Gulf of Finland yesterday. The Finnish Border Guard acted with its customary efficiency, documented the dangling anchor with photographs, and took the vessel into custody.

The case will next proceed to a more detailed investigation and, in due course, undoubtedly to court. This in itself sounds good, but I would like to draw your attention, dear readers, to what happened last October.

At that time, the Helsinki District Court announced that it would not examine the charges – in a similar case – against the vessel Eagle S, which belongs to Russia’s so-called shadow fleet, nor the compensation claims based on those charges. The court held that Finland’s Criminal Code could not be applied to the case.

The matter was commented on at the time by Member of Parliament Jarno Limnéll (National Coalition Party), who stated that “clearer legislation and international agreements are needed that give states the ability to deal with acts of this kind also in exclusive economic zones and international waters.” However, no such measures have emerged during the past couple of months.

For this reason, it seems clear to me that the Fitburg incident – quite evidently a cable sabotage operation ordered by Russia – is, logically speaking, a consequence of the Helsinki District Court’s decision and the shortcomings of international legislation. It is obvious that if breaking cables carries no consequences, Putin’s administration can continue sabotaging them without concern.

It is therefore easy to predict that cables running along the seabed of the Gulf of Finland and the Baltic Sea will continue to be damaged – so to speak, “by accident” – in the future. And this will likely continue until the necessary provisions are enacted in international law, despite the expected opposition from Russia and its proxies.

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If one wishes to see something positive in the Fitburg case, it is undoubtedly the efficiency of the actions taken by the Finnish authorities. The cable damage was investigated quickly, and the perpetrator was also stopped.

Because of the legislative problem mentioned above, the only sanction available against the ship’s owner and/or crew will likely be to look for deficiencies in the vessel’s condition, thereby delaying its departure. In this way, the crew would at least be forced to loiter for a while off the coast of Kirkkonummi.

It would be interesting to know whether the shipowner and/or its crew have made an agreement with Vladimir Putin’s administration regarding compensation for those days in rubles or in some stronger currency. The exchange rate of the ruble has recently been in a decline reminiscent of that famous cow’s tail, so the value of days compensated in Russian currency decreases over time.

In any case, any deficiencies found on the vessel must be investigated before it is allowed to leave Finnish territorial waters. And, of course, even the smallest faults discovered on the ship should be required to be carefully repaired before departure clearance is granted – to the vessel and its crew alike.

Previous thoughts on the same topic:
Is Cable Cutting a Crime Without Punishment?
Sabotage in the Baltic Sea Sparks Calls for New Maritime Borders
Finland Detains Russia-Linked Ship Suspected of Cable Damage

The original blogpost in Finnish:
Kansainvälinen lainsäädäntö kannusti Fitburgin kaapelisabotaasiin

Is Cable Cutting a Crime Without Punishment?

Finland detained a vessel named Eagle S, which had dragged its anchor across the seabed and damaged submarine cables in the Baltic Sea. The investigation took some time, after which the evidence was submitted to a Finnish district court, i.e., the lowest judicial instance.

Instead of assessing the criminal liability of the act and delivering a verdict to those found guilty, the district court ruled that it had no jurisdiction to decide in such a criminal case. Therefore, the matter should be dealt with either in the courts of the crew’s home countries or in the courts of the flag state of the Eagle S. In other words, the case would fall under the jurisdiction of the Cook Islands, Georgia, or India.

However, Professor Ulla Tapaninen, a maritime transport expert at Tallinn University of Technology, has noted that “district courts often prefer to move complex cases up to higher judicial levels.” For this reason, she argues it is reasonable that the Eagle S case would be escalated from the district court to the court of appeal, which is one step higher in the judicial hierarchy.

In other words, the Finnish professor at the Estonian university assumes that the legal proceedings will continue in Finland. This raises the question: if that happens, will the court of appeal consider itself competent—contrary to the district court’s conclusion—to convict the crew of the Eagle S?

And if that is the case, who will bear the costs? The Finnish taxpayer, who has already been burdened with bills amounting to hundreds of thousands of euros?

And what would happen after such a farce? Would the case then be transferred to the courts of the Cook Islands, Georgia, or India—or would the legal consequences of the damage caused by the Eagle S to the submarine cables ultimately remain unaddressed?

And furthermore, if that is the case, does it mean that in the future the submarine cables running along the seabed of the Baltic Sea and other seas may be cut at will and without consequences?

Previous thoughts on the same topic:
Did Russia Realize the Risk Was Too Great?
Sabotage in the Baltic Sea Sparks Calls for New Maritime Borders
Finland Detains Russia-Linked Ship Suspected of Cable Damage

Greta Thunberg in Search of a Greater Thrill

Swedish Greta Thunberg originally became known as a teenage climate activist with Asperger's syndrome, supported by her ambitious parents. As she has grown older, she has evolved into a professional activist who makes a living by staging various stunts — in her view — for good causes.

Currently, there is a sailing mission underway, followed by journalists from around the world. The idea is to deliver a small shipment of food to Gaza, which, in the bigger picture, is unlikely to have any significant impact. What is essential, however, is that Thunberg once again gains media visibility — something she consistently seems to achieve successfully.

This time, however, her actions involve a greater-than-usual risk, as Israel has prohibited the delivery of aid to the territory it occupies. This is due to previous aid shipments having partly ended up in the hands of terrorists, thereby functioning as a channel of funding for them.

If and when Thunberg's group attempts to forcibly reach Gaza’s coast, it is possible that Israel will resort to strong measures to stop them. According to Finnish professor Hannu Juusola, the situation could escalate so severely that lives may be lost.

Therefore, it is worth asking — if not Thunberg herself, then those behind her — whether personal media visibility is truly worth the potential loss of human life? Or is it indeed the case that an activist behaves like an addict, who must get their fix over and over again, each time seeking a greater thrill?

Previous thoughts on the same topic:
How Hamas Exploited Aid and Lost the Support of Many Palestinians
The demands of the vandals
Preventing future fires in Hawaii is possible, but the question remains: Are animal activists and politicians prepared for the necessary measures?

Sabotage in the Baltic Sea Sparks Calls for New Maritime Borders

The Baltic Sea has risen to the center of global politics after acts of sabotage targeted its underwater infrastructure. As a result, Finnish authorities stopped an oil tanker and conducted an inspection, which revealed that the vessel required repairs before it could continue its journey.

The perpetrator of the sabotage is officially unknown, but there is near-unanimous consensus that Russia and Vladimir Putin are behind it. In other words, this is part of Putin's hybrid warfare against Western nations.

It was therefore intriguing when Finnish international politics researcher Risto E. J. Penttilä raised the idea that Finland and Estonia could divide the international waters of the Baltic Sea between themselves. In other words, these countries would agree on a border line such that their boundaries would meet directly, leaving no international waters in between.

The aim would not be to hinder maritime traffic to Russia’s ports at the far end of the Gulf of Finland, but rather to significantly improve the ability to monitor vessels in what would become national waters instead of international waters. This would make it easier to repeatedly catch ships involved in potential sabotage.

It remains to be seen whether Penttilä's proposal will lead to changes, as Russia would almost certainly oppose it. In doing so, Russia would inadvertently confirm its involvement in the sabotage and its intention to continue such actions in the future.

However, Russia is unlikely to refrain from such activities, no matter how much embarrassment they cause. This is because the country lacks a free press and freedom of speech, meaning that its citizens would have no understanding of the fact that Putin’s regime is once again making their nation a subject of ridicule.

Previous thoughts on the same topic:
Finland Detains Russia-Linked Ship Suspected of Cable Damage
Nordic Nations Unite Against the Growing Threat of Cross-Border Organized Crime
Military confrontation between China and USA highly probable in near future

Finland Detains Russia-Linked Ship Suspected of Cable Damage

Finnish authorities have detained a ship Eagle S registered in the Cook Islands, suspected of damaging the cable between Finland and Estonia. The vessel was found to be carrying approximately 35,000 tons of unleaded gasoline imported from Russia, suggesting an attempt to bypass sanctions imposed on Russia.

Finland has seized the oil, ensuring it will not reach the global market or contribute to funding Putin's war in Ukraine. This is, of course, an excellent outcome.

Finnish authorities have also gathered evidence indicating that the vessel was responsible for the cable damage. One piece of evidence is visible even from outside the ship: one of its anchors is missing, a clear sign that it was lost during the incident.

The police have already identified several members of the crew as suspects in the criminal acts. These include citizens of Georgia and India, who are being investigated for aggravated property destruction and serious violations of sanctions. Furthermore, additional evidence linking the ship to the cable damage has been uncovered, and more is likely to emerge.

The case is undoubtedly a major embarrassment for Vladimir Putin and his administration. For this reason, it was amusing to note Kremlin spokesperson Dmitry Peskov's claim that the actions of Finnish authorities have no connection to Russia. His response is reminiscent of a child caught with their hand in the cookie jar—his frustration is, to say the least, palpable.

It remains to be seen how the issue will ultimately be resolved. However, it is already clear that international law and regulations need updating to rein in rogue states like Russia on the high seas. Unfortunately, the interests of a few other countries, in addition to Russia, are likely to block such progress, making meaningful change highly improbable.

Previous thoughts on the same topic:
The Downing of the Azerbaijani Plane Is a War Crime That Must Be Condemned
Western Nations Should Act Decisively On Two Fronts Against Russia
Western Countries Must Stay United Against the Russian Threat

Mediterranean Taxi Service is Coming to an End

I just noticed information on social media indicating that Doctors Without Borders has decided to end its Mediterranean operations. The organization’s activities have essentially involved taxi-like operations, transporting people from the southern Mediterranean to EU territory instead of taking them to the nearest port on the African side. This has encouraged Africans and Arabs to attempt crossing the Mediterranean in unseaworthy boats, leading to thousands of unnecessary deaths.

The organization is funded through various fundraising efforts, where its activities are described as rescue operations. These appeals attract well-meaning people who want to support the cause without understanding its fundamental nature as a business.

According to the message thread reporting on the cessation of the Mediterranean taxi operations, “We have been forced to discontinue our activities with the rescue ship Geo Barents. Italian legislation and policies have made it impossible to continue in their current form.”

Unfortunately, the organization does not appear to be giving up and simultaneously announced that “We will return to the Mediterranean as soon as possible.” However, one can only hope that Italy and the rest of the EU maintain their now proven approach and ensure the final burial of Doctors Without Borders’ business described here.

Previous thoughts on the same topic:
The Fall of Germany’s Government Could Open the EU’s Path to a Better Future
Change of immigration policy and development cooperation
175 happy winners

A new route for the Ukrainian crops

Ukraine is one of the most important producer of crops. Therefore the Russian attack to Ukraine might have a major impact on the food availability in some countries - especially in the Near East/North Africa.

Today it was reported by the Helsingin sanomat that a new route has been established to Ukrainian agricultural products. That goes via Poland and Baltic sea. Using that route, the first ship managed to bring 18 000 tons of corn to Spain. The ship - named Alppila - was sailing under the Finnish flag.

This news was of extreme importance taken that hunger is understandably the strongest force causing instability in the developing world and pushing masses of people towards north to look for better life. And that will - ultimately - cause many kinds of problems even in the receiving countries as seen e.g. in Sweden. 

Therefore it was important that the cargo managed to make its way to Spain, and will have successors in the near future. At the same time, it reduces the effects of Russian actions to stop export of Ukrainian products and its attempt to put pressure on western nations to stop their military support to the attacked nation. 

Previous thoughts on the same topic:
Ivory trade from Greenland to Ukraine
Riots in Sweden: what next?
Military specialist: Russian plan in Ukraine was incredibly poor