The world is divided into separate states. That is how we constructed our civilization and that is how it is supposed to be. But then there are international waters that seemingly belong to none. Who would come to arrest you if you were partaking in some criminal activity out there? Is it just no one‘s land where everything is allowed? Does that mean that criminal activity is common in international waters?
International waters are not technically no one’s territory – they are actually everyone’s. Image credit: Soilets via Wikimedia
What are international waters?
International waters are also known as Terra nullius (No one’s land) or Mare liberum (Free sea). The basic principle of the international waters is that no state can claim them as its own – international waters must remain international. However, that does not mean that they belong to no one. Quite the opposite – they belong to everyone.
International waters is not a term within international law, however it generally is used to define bodies of water such as oceans, seas, rivers, lakes and wetlands that transcend international boundaries. The 1958 Convention on the High Seas defined international waters, referred to as ‘High Seas’ in this context, to be where “no state may validly purport to subject any part of them to its sovereignty.” This convention was used as the foundation for the 1982 United Nation Convention on the Law of the Sea (UNCLOS). Under this definition, international waters make up roughly 50% of the surface area of the planet, covering two-thirds of the ocean.
Is murder legal in international waters?
Put simply; no, murder is not legal in international waters. You can not kill someone in international waters and claim immunity from the laws of the land. Despite international waters appearing as if it is some anarchic place where criminal elements go to do their dirty job, such as slavery, murder, illegal experiments and even, possibly, drug manufacturing, you must comply with the law of the country where your boat is registered.
If you want to do business in international maritime operations, your ship must be registered in accordance to the international law. They state that your ship must carry a flag of the country where it is registered. And, quite simply, while you are in the international waters you must comply with the law of the country whose flag you are flying. It means that what is illegal in Panama, is illegal in a ship flying Panama’s flag. By the way, it is estimated that around 40 % of the ocean-going commercial ships are registered in Panama, Marshal Islands and Liberia – it is a way for ship operators to pay smaller taxes and salaries to workers.
You think you can forget all the law by simply not having a flag and not registering your ship? Again, no. In that case, you ship will be considered to be suspicious and a ship from any country in the world will have a right to inspect it. These inspectors will be able to report any illegal activity, which will then be punished by the laws of the country where the criminals are from. If they refuse to provide that information, they can be prosecuted by the laws of the country where the inspecting ship is from.
When the criminal activity falls under universal jurisdiction (slavery, illegal broadcasting, piracy and so on), criminals can be prosecuted by the state that made the arrest, but they can also be returned to the country of origin. Finally, when there are victims and it is impossible to determine the country of origin of the criminals, they can be prosecuted by the laws of the country where victims are from.
And then there is a simple fact that no one lives in international waters forever. Once you reach the port, you may have to show responsibility for the crimes that you’ve committed. That is, if no one catches you before. So if you are wondering if you can muder someone in international waters and get away with it, the simple answer is no.
