FM: Maritime law complicates investigating Baltic Sea sabotage cases
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- Category: Derecho marítimo
- Published on Tuesday, 24 December 2024 04:30
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Estonia's defense and foreign ministers said the situaton in the Baltic Sea has become more tense in recent years. Maritime law can hinder sabbotage investigations, but private companies also need to monitor and fix their infastructure, they said.
The Chinese ship Yi Peng 3, suspected of damaging underwater communication cables in the Baltic Sea, left the Danish strait last week. Before its departure, Sweden, Germany, Finland, and Denmark were allowed to inspect the Chinese-flagged vessel, but Swedish authorities reported that permission was denied for Swedish prosecutor Henrik Söderman to board.
On Monday, Sweden's foreign minister criticized China for not allowing its lead investigator on the ship.
Minister of Foreign Affairs Margus Tsahkna (Eesti 200) backed Sweden's stance on China: "I still hope that China will really cooperate to have an investigation into what actually happened – who is on that ship and what was actually done. These hybrid activities are very complex and the law of the sea is the way it is."
Tsahkna said maritime law can complicate investigative actions: "This is also an issue that we are dealing with in the Baltic Sea countries, and more generally, because too often these accidents in quotation marks happen. It is even possible, after all, to attribute which ship most probably did something. But to gather evidence, to interrogate the crew, the crew and so on – that is very difficult to do."
This is the second time a Chinese ship has been suspected of intentionally damaging underwater infrastructure in the Baltic Sea. Last year, the Balticconnector cable between Estonia and Finland was damaged, but investigators were unable to board the Chinese ship Newnew Polar Bear, which was suspected of involvement.
"At the time, China did finally cooperate with us, admitting on the basis of the report that, indeed, most probably, it was the Newnew Polar Bear, but from then on we have been at a standstill as far as legal cooperation is concerned," the minister said.
"China is clearly playing a borderline game here," he added. ""But as you can see, this patience is starting to wear thin. These are subsea infrastructures of existential importance for us. Whether they involve accidents or deliberate acts, the difference is significant, but either way, it's a direct security risk for all of us around the Baltic Sea."
Following the Balticconnector incident, NATO countries deployed additional ships to the Baltic Sea, Tsahkna said: "Similarly, leaders of the JEF countries, who were in Estonia a few days ago, agreed to deepen cooperation regarding shadow fleets and associated risks. This involves patrols, surveillance, and information sharing."
Tsahkna noted that the security situation in the Baltic Sea has become more serious over the past few years. "These incidents have been increasing. Awareness among states has also significantly improved. A year ago, there was a reluctance to share information, with everyone keeping their issues to themselves. Today, we talk about these things openly," he said.
Tsahkna said the Swedish foreign minister's criticism of China indicates heightened awareness. However, it is still impossible to fully protect underwater infrastructure.
"We have entered a new era, so to speak, and these risks are at very different levels. It's not just the classic military invasion, but there is a whole hybrid world," the minister concluded.
Defense minister: Infastructure owners should focus on quickly fixing damage
Minister of Defense Hanno Pevkur (Reform) told ERR Yi Peng 3 was anchored in Danish waters, and while the Swedish prosecutor was not permitted on board, Danish authorities were able to carry out investigative actions on the ship.
"I truly hope that Denmark and Sweden coordinated their activities to some extent. Understandably, Sweden wanted to board the ship as well, but these investigative actions can only be conducted within the jurisdiction where the ship is located. The key question is whether the actions the Danes wanted to carry out were completed and whether they will share information with Swedish authorities," he said.
Pevkur stressed that Baltic Sea countries are collaborating to ensure the security of maritime infrastructure.
"It is clear that our connections are critical in both the Gulf of Finland and the Baltic Sea," the minister said. "Therefore, cooperation between different countries, as well as intelligence assessments, must be robust enough to monitor certain vessels more closely when necessary. States have agreed to strengthen this cooperation and to share information accordingly."
Damageed infrastructure must also be fixed quickly, he emphasized.
"While it is essential to focus on prevention, it is equally important to ensure that connection owners are capable of swiftly addressing disruptions," he said.
"If I draw a parallel with the war in Ukraine, where during its escalation, Russia repeatedly tried to attack railway infrastructure, it became apparent quite quickly that such efforts were pointless because railway infrastructure can be repaired within days or weeks, rendering the attacks ineffective."
Nordic and Baltic navies and border guards continue to monitor the Baltic Sea. But the minister also highlighted the role of infastructure owners in maintaining security.
"There are certainly enough private market providers to increase monitoring capabilities. For example, the owners of the connections affected in the latest incident were private telecommunications companies," Pevkur said.
"I believe private companies are also seriously considering how they can improve their sensors to detect and address disruptions or damage as quickly as possible. It's a joint effort between the state and the private sector to ensure the security of our connections and the protection of critical infrastructure," the minister added.
Commenting on the security situation in the Baltic Sea, Pevkur said: "The security environment in the Baltic Sea remains consistently tense. Naturally, we understand and know that Russia's fleet, including the Baltic Fleet, which primarily operates between Kaliningrad and St. Petersburg, as well as more distant fleets visiting St. Petersburg, always poses a heightened risk for us, and we monitor them closely."