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Boat attacked: the Dane lets the Russian seize the pirates

(B2) Off Somalia, politeness - and above all pragmatism - seems to be the rule among warships chasing pirates. The "After you... I won't do anything about it... But if, but if, please" seems respected 🙂

As indeed revealed by our Russian colleagues from RIA Novosti, it seems that, during the attack by the pirates, an Anglo-Dutch container ship Nedlloyd Barentz, of 70.000 tons, on January 14 - attack which failed - two warships were nearby: the Danish ship Absalom and Russian Admiral Vinogradov (*). Although closer, the first let the second do its thing... for practical and legal reasons! The Russian Navy seems, indeed, to have slightly more "robust" rules of engagement and referral to pirates than the Danish Navy. We have, here, recounted the recent setbacks of theAbsalom, forced to release the apprehended pirates. (**)

With the Russians, it didn't drag out, as Ilia Kramnik of RIA Novosti recounts: "TheAdmiral Vinogradov headed for the container ship, along with two Ka-27 helicopters with marines on board. At the same time, the Dutch ship was offered to zigzag at full speed to make it more difficult for the pirates to chase. Having spotted the helicopters, (these) tried to flee. A boat managed to save itself. But two boats were stopped by Russian machine gun fire. Three pirates were injured. They tried to pass themselves off as fishermen. The marines found no fishing gear on board the boats, but weapons, ropes and spiders. The injured were treated. And the captured pirates were handed over to the Yemeni Coast Guard.”

A discount justified because the Russian penal code (which punishes up to 15 years in prison the hijacking of ships and the taking of hostages) was not applicable. "Under the provisions of the Russian Criminal Code, foreign citizens who have committed crimes outside the Russian Federation can be brought to justice in Russia only in the event that their crime has harmed the interests of the Russian Federation" continues our Russian colleague. Surrender to Yemen, on the other hand, does not seem possible for EUNAVFOR vessels and EU vessels more generally because those arrested cannot be handed over to authorities of countries where the death penalty is applicable.

(NGV)

(*) The anti-submarine destroyer Admiral Vinogradov replaced the patrol boat Neustrachimy who started the mission in October. It ends - according to the spokesman of the Russian fleet - an escort of three merchant ships, including the Russian Nadezhda and the freighters Fortuna Trust (Singapore) and Radonej (Liberia), which include Russian or Ukrainian crews.

(**) Note that the ship also arrested 5 pirates who could be handed over to the Dutch authorities.

Nicolas Gros Verheyde

Chief editor of the B2 site. Graduated in European law from the University of Paris I Pantheon Sorbonne and listener to the 65th session of the IHEDN (Institut des Hautes Etudes de la Défense Nationale. Journalist since 1989, founded B2 - Bruxelles2 in 2008. EU/NATO correspondent in Brussels for Sud-Ouest (previously West-France and France-Soir).

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