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TELNO 269
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MDLOAN 2525
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INFO ROUTINE WASHINGTON, OTTAWA, JAKARTA, SINGAPORE, HONG KONG INFO ROUTINE MANILA, BANGKOK, KUALA LUMPUR
INFO ROUTINE BANDAR SERI BEGAWAN, TOKYO, MODUK, ODA, ACTOR INFO ROUTINE BONN, PARIS, THE HAGUE, OSLO, BRASILIA
YOUR TELNO 403: PIRACY
1.
THANK YOU FOR THE HELPFUL INFORMATION CONTAINED IN YOUR TUR. OUR INTERPRETATION OF INTERNATIONAL LAW AS REGARDS ASSISTANCE BY THE RN TO VESSELS IN DISTRESS BECAUSE OF A PIRATICAL ATTACK WITHIN THE TERRITORIAL WATERS OF A COASTAL STATE, IS BROADLY SIMILAR TO THAT OF THE AUSTRALIANS.
2. THE GENERAL DUTY TO RENDER HUMANITARIAN ASSISTANCE TOWARDS VESSELS IN DISTRESS AT SEA IS NOT CONFINED TO WATERS BEYOND THE TERRITORIAL SEA. ARTICLE 18(2) OF UNLOSC STATES THAT INNOCENT PASSAGE IN THE TERRITORIAL SEA QUOTE INCLUDES STOPPING AND ANCHORING... FOR THE PURPOSE OF RENDERING ASSISTANCE TO PERSONS, SHIPS OR AIRCRAFT IN DANGER OR DISTRESS UNQUOTE. WE TAKE THIS TO REPRESENT THE POSITION ON CUSTOMARY INTERNATIONAL LAW. HOWEVER ACTS OF PIRACY ARE EXPLICITY EXCLUDED FROM WITHIN THE TERRITORIAL SEA. AN ATTACK IN THE TERRITORIAL SEA WOULD CONSTITUTE ARMED ROBBERY. IT IS FOR THE
COASTAL STATE TO TAKE THE NECESSARY MEASURES FOR THE REPRESSION OF SUCH ACTS.
3
THEREFORE WE TAKE THE VIEW THAT ASSISTANCE CAN BE RENDERED TO VESSELS IN DISTRESS IN THE TERRITORIAL SEA, BUT SUCH ASSISTANCE MUST BE LIMITED TO THE ELEMENTARY CONSIDERATIONS OF HUMANITY. ONLY THE COASTAL STATE MAY ARREST THE QUOTE PIRATE UNQUOTE SHIP. RN VESSELS MAY NOT EXERCISE ANY LAW ENFORCEMENT
ACTIVITY UNLESS EXPRESSLY AUTHORISED TO DO SO BY THE COASTAL STATE.
MOD ARE REVISING GUIDELINES FOR RN SHIPS ON THE ABOVE. WE
WILL GIVE YOU FURTHER DETAILS AS SOON AS POSSIBLE.
HURD
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