- Title: GERMANY: UN court orders Ghana to release detained Argentine naval ship
- Date: 15th December 2012
- Summary: HAMBURG, GERMANY (DECEMBER 15, 2012) (REUTERS) EXTERIOR OF UNITED NATIONS INTERNATIONAL TRIBUNAL FOR THE LAW OF THE SEA (ITLOS) JUDGES ENTERING DELEGATES SEATED LAWYERS SEATED / ARGENTINE DELEGATION SEATED WIDE OF COURTROOM ITLOS PRESIDENT, JUDGE SHUNJI YANAI OF JAPAN, READING VERDICT IN FRENCH DELEGATES SEATED PAN ACROSS JUDGES AS HEAD OF ARGENTINA'S DELEGATION, SUSANA RUIZ CERUTTI, ADDRESSES THEM LAWYERS FOLLOWING YANAI'S SPEECH ON MONITOR YANAI AND JUDGES LEAVING COURTROOM AFTER VERDICT WAS SPOKEN VARIOUS OF ARGENTINE DELEGATION HEADED BY SUSANA RUIZ CERUTTI EMBRACING EACH OTHER (SOUNDBITE) (Spanish) HEAD OF ARGENTINA'S DELEGATION, SUSANA RUIZ CERUTTI, SAYING; "We are really very satisfied with the outcome. The tribunal has recognised everything we asked for, including issuing a detailed and precise timeframe for enacting the ruling. What we have to do now been assured of the unconditional release of the military vessel, without any guarantees or anything, simply the release of the vessel as quickly as possible, and furthermore this extends to the captain of the vessel and his crew. The immunity of the warship has been accepted in full by the tribunal, even - in this case - within Ghana's waters." (SOUNDBITE) (English) ITLOS JUDGE, RUEDIGER WOLFRUM, SAYING: "This is what more or less Argentina was asking for. But the real relevance of this order lies in its reasoning. It is one of the first international cases dealing with a warship and you'll find in the order references to the immunity of warships." (SOUNDBITE) (Spanish) HEAD OF ARGENTINA'S DELEGATION, SUSANA RUIZ CERUTTI, SAYING; "They have also mentioned their consideration of the existence of an accord whereby the presence of the warship in Ghana was an official visit agreed by both countries, arranged with Ghana's authorities. So all the points that were presented by Argentina have been recognised by the tribunal in presenting this ruling, and the acceptance of our petition in the terms we requested." (SOUNDBITE) (English) ITLOS JUDGE, RUEDIGER WOLFRUM, SAYING: "This is a big issue. It has consequences which go far beyond that order. It has never been decided so far whether the Law of the Sea Tribunal has competence, the jurisdiction to decide on activities of coastal states in their ports." WOMAN READING DOCUMENT
- Embargoed: 30th December 2012 12:00
- Keywords:
- Location: Germany
- Country: Germany
- Topics: International Relations,Politics
- Reuters ID: LVA2NUTT2GGZGIJW2IBUR3ZFAXCX
- Story Text: Ghana must release an Argentine naval ship it has been holding since October, a United Nations court ruled in Germany on Saturday (December 15).
The Argentine navy's tall sailing ship ARA Libertad, a training vessel, was held in Ghana's port of Tema on Oct. 2 after a court order obtained by NML Capital Ltd, which says Argentina owes it $300 million on bonds which have been in default since 2002.
International Tribunal for the Law of the Sea president judge Shunji Yanai of Japan said the court ruled Ghana should release the Libertad "immediately" and provide the assistance the crew needs to leave the port.
Argentina had argued the United Nations maritime convention gives warships including unarmed training vessels immunity from civil claims when calling in foreign ports.
Creditors including NML have won several billion dollars in damages over Argentina's bond default in U.S. courts, but they have largely been unable to collect because most Argentine assets are protected by sovereign immunity laws.
"We are really very satisfied with the outcome. The tribunal has recognised everything we asked for, including issuing a detailed and precise timeframe for enacting the ruling. What we have to do now been assured of the unconditional release of the military vessel, without any guarantees or anything, simply the release of the vessel as quickly as possible, and furthermore this extends to the captain of the vessel and his crew. The immunity of the warship has been accepted in full by the tribunal, even - in this case - within Ghana's waters," the head of Argentina's delegation, Susana Ruiz Cerutti, told Reuters Television.
Argentina refers to funds like NML as "vulture funds" because they buy distressed or defaulted bonds and then sue in international courts to get paid in full.
Ghana's co-agent at the court, Ebenezer Appreku, said in a statement issued after the hearing the Ghanaian government would "carefully consider the tribunal's order".
A lawyer for NML in Accra, Ace Ankomah, said he was not yet aware of the ruling and could not comment.
A skeleton crew of sailors remains on board the Libertad after around 300 crew and naval cadets were flown home to Argentina in October.
The court also considered Argentina's claim that the ship could not be maintained correctly during its arrest and that the vessel' safety could so be endangered.
The two countries must provide a further report to the court by Dec. 22, 2012, according to Tribunal Judge Ruediger Wolfrum of Germany.
Both countries must pay their own costs. - Copyright Holder: REUTERS
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