1. Naval Involvement in International Law Enforcement
Naval Involvement in International Law Enforcement
Ingo Klaus Wamser
3rd Annual Conference
NMIOTC

2. 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

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

4. „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

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

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

7. 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

8. 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)

9. 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

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

11. 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

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

13. 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

14. 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

15. 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