Naval Involvement in International Law Enforcement www.wamser.org Naval Involvement in International Law Enforcement Ingo Klaus Wamser 3rd Annual Conference NMIOTC

Introduction since 1990s: rapid expansion of peace operations authorized by UN Security Council post-conflict or dysfunctional societal environment central task: restore and maintain security provide interim policing crowd control secure critical infrastructure restoring Rule of Law

Maritime environment „Classic activities“ embargo control incl. Proliferation secure critical infrastructure secure merchant shipping (WFP, HoA, …) training and exercises available

„Advanced Activities“ counter-narcotic operations counter-piracy operations enforcing the Exclusive Economic Zone (EEZ) incl. fisheries protection (P) law enforcement not a traditional core skill of military training but: some training available

„Real“ international law enforcement enforcement of international arrest warrants by naval forces

Situation: BT searching a Yacht in Mediterranean Overthrown government of a civil war country aboard What to do?

Origin of arrest warrants UN ad-hoc tribunals est. UNSC (Chapter VII UN Charter) ICTY - Yugoslavia ICTR - Rwanda STL - Lebanon … Advantages: establishment politically quite easy on-scene facilities possible Disadvantages: multiplication of costs development of procedures availability of resources

Origin of arrest warrants International Criminal Court established by Rome Statute in 1998 actually ratified by 111 states (excl. US) Competence: genocide crimes against humanity war crimes (aggression)

Jurisdiction of the ICC alleged perpetrator is national of state party crime committed in territory of state party jurisdiction accepted by state not party situation referred to the Prosecutor by UNSC acting under Chapter VII UN Charter

Structure of the ICC Office of the Prosecutor (OTP) Pre-Trial Chamber

Office of the Prosecutor independent organ of the court receive and analyse information on situations and alleged crimes initiate investigations bring perpetrators before the court

Pre-Trial Chamber supervision of the prosecutor guaranteeing rights of suspects, victims and witnesses during investigations issueing warrants of arrest confirming charges

Procedure after arrest (example: Germany) information on the reason for arrest warrants of arrest available on homepage presentation to the judge of the next district court (Amtsgericht) within the day following the arrest physical contact not necessary later presentation doesn‘t lead to release purpose: identity of the detainee first statement of the detainee

further decisions through supreme court (Oberlandesgericht) - formal transfer procedure within months - simplified transfer procedure with detainee‘s consent contact to ICC-OTP through supreme court and it‘s prosecutor

Practical consequences on-scene no difference to other LE operations formalities (identity, instruction on rights, explanation on arrest and reasons) contact the competent judge (AG Hamburg) let yourself be guided by judge