Opinion | The detention of an Iranian oil tanker is a test case for Western hypocrisy about the global order

Several factors complicate the UK seizure of the Iranian ship. Did the UK have the right to impose EU sanctions on an Iranian vessel, or did it break UN laws? Other countries are waiting to see how the existing global order will be upheld

Reading Time:3 minutes

Supertanker Grace 1 off the coast of Gibraltar. Iran has demanded the release of the tanker detained in Gibraltar by Britain. Photo: AFP

Published: 6:00pm, 18 Jul 2019Updated: 7:57pm, 18 Jul 2019

On July 4, British Royal Marines, police and customs agents in the British territory of Gibraltar set off an international controversy when they seized Grace 1, an Iranian oil supertanker flying a Panama flag. United States national security adviser John Bolton hailed the move as “excellent news”; Iran called it an act of “piracy”.

Now, the seizure of the tanker was no act of piracy. According to the United Nations Convention on the Law of the Sea, piracy consists of illegal acts “committed for private ends by the crew or the passengers of a private ship or a private aircraft, and directed … against a ship, aircraft, persons or property in a place outside the jurisdiction of any state”. The tanker was stopped by a state, not a private crew.

However, there are several factors complicating the British action. First, both Britain and Spain claim Gibraltar and therefore its territorial waters. Spain is considering making a complaint to Britain about the incident. The vessel was reportedly seized 2.5 nautical miles off the coast of Gibraltar on the southern tip of Spain, in a designated area where ships take on supplies. Gibraltar, under the British, claims a territorial sea of 3 nautical miles.

A second question pertains to the legal justification for the seizure. Britain said the vessel was carrying Iranian oil to Syria in violation of the European Union’s sanctions on Syria. But should the sanctions apply to countries other than EU members?

Iran denied that the oil was destined for Syria. British foreign minister Jeremy Hunt showed some flexibility, telling Iran that Britain was concerned about the destination, and not the origin, of the oil – thus distinguishing Britain’s position from that of the US, which has imposed sanctions targeting Iranian oil exports. He said Britain would release the Iranian tanker “if we received sufficient guarantees that it would not be going to Syria”.

A third issue is whether the British action violated the law governing international navigation. The Strait of Gibraltar is a strait used for international navigation, which means that all ships are allowed “transit passage”, or freedom of navigation, through it under the UN convention. According to legal expert Donald Rothwell, ships should enjoy transit passage through the Strait of Gibraltar, “including through the territorial sea generated offshore to Gibraltar”.

Select Voice

Choose your listening speed

Get through articles 2x faster

1.25x

250 WPM

Slow

Average

Fast

00:0000:00

1.25x