#7 Martin Fink - The Law of Naval Warfare

Captain (NLD N) Dr. Martin Fink is a legal advisor in the Royal Netherlands Navy and research fellow at the Royal Netherland Defence Academy. We sat down to discuss his recent article 'The Ever-existing “Crisis” of the Law of Naval Warfare'. In addition to his article, our conversation ranged from blockades, contraband, and prize law, to the influence of military manuals on customary international law, as well as Martin's top advice for aspiring operational lawyers. The ever-existing “crisis” of the law of naval warfare | International Review of the Red Cross (icrc.org)War and security at sea | International Review of the Red Cross (icrc.org)The War at Sea: Is There a Naval Blockade in the Sea of Azov? - Lieber Institute West PointSan Remo Manual on International Law Applicable to Armed Conflicts at Sea - ICRCNational Military Manuals – IIHLwww.operationalmaritimelaw.org

Ingvild Jenssen is the Executive Director and Founder of NGO Shipbreaking Platform - a global coalition of organisations working to reverse the environmental harm and human rights abuses caused by current shipbreaking practices and to ensure the safe and environmentally sound dismantling of end-of-life ships worldwide. We discuss how the shipbreaking industry is regulated, how these laws are often subverted and what can be done about it, as well as the role of navies in the responsible disposal of end-of-life vessels. (Note: this episode was recorded just prior to the scuttling of the Brazilian aircraft carrier SAO PAULO. )https://shipbreakingplatform.org/NGO Shipbreaking Platform (@NGOShipbreaking) / TwitterHong Kong ConventionEU Regulation on Ship RecyclingEU Regulation on Shipments of Waste“Harrier” – the first beaching case heard by Norwegian courts ends with a six month prison sentence for the shipowner (wr.no)Press Release - Appeal Court confirms prison sentence for Norwegian ship owner - NGO Shipbreaking PlatformNorwegian Court Upholds Georg Eide's Prison Sentence for Scrap Sale (maritime-executive.com)www.operationalmaritimelaw.org

Lieutenant Commander Heidi Straarup is a Deputy Judge Advocate at the Assistant Judge Advocate General (Pacific Region) of the Canadian Armed Forces, and legal advisor to Joint Task Force Pacific. We talk about her career, some challenges and opportunities for lawyers in multinational operations and exercises, as well as the 2023 Conference on Operational Maritime Law (COML) - to be hosted in Victoria, B.C. from 11 to 14 September 2023. Judge Advocate General - Canada.caJoint Task Force Pacific - Canada.caRIMPAC (Rim of the Pacific) — U.S. Pacific Fleet (navy.mil)NSO > Home (nato.int)Customary IHL - Practice relating to rule 16 Target Verification (icrc.org)www.operationalmaritimelaw.org

David Hammond (Human Rights at Sea) and Professor Steven Haines (University of Greenwich) are back for second half of this two-part interview. In this episode we address some misnomers regarding “illegal” migration, what can be done about the plight of abandoned seafarers, considerations for military commanders and legal advisors when operations run up against potential human rights abuses, and much, much more.Human Rights at Sea | Human Rights at Seawww.operationalmaritimelaw.org

David Hammond (Human Rights at Sea) and Professor Steven Haines (University of Greenwich) join the podcast to discuss the protection of human rights at sea. This is Part 1 of a 2-part interview, where we address some of the laws protecting the victims of human rights abuses at sea, barriers to enforcing these laws, the Geneva Declaration on Human Rights at Sea, advocacy issues, as well as the differences between Human Rights Law and International Humanitarian Law.Human Rights at Sea | Human Rights at SeaThe Geneva Declaration on Human Rights at Sea | Human Rights at SeaMaritime Labour Convention, 2006 (ilo.org)Universal Declaration of Human Rights | United NationsEuropean Convention on Human Rights - Official texts, Convention and Protocols (coe.int)Jurisdictional & Human Rights Challenges of a Vessel in Transit | Human Rights at Seawww.operationalmaritimelaw.org

Commander Caroline Tuckett, lead legal adviser in International and Operational Law  within the Royal Navy,  joins the program to discuss autonomous shipping and how navies are navigating international law to incorporate these maritime systems/ships/vessels/vehicles into their fleets.House of Lords - UNCLOS: the law of the sea in the 21st century - International Relations and Defence Committee (parliament.uk)Autonomous shipping (imo.org)IHL Treaties - San Remo Manual on Armed Conflicts at Sea, 1994 (icrc.org)MASS UK Industry Conduct Principles and Code of Practice 2022 (V6) | Maritime UKNSO > Home (nato.int)www.operationalmaritimelaw.org

Professor Sean Henseler, from the College of Maritime Operational Warfare at the US Naval War College, joins the podcast to discuss what operational law is (and isn't), the role of the legal advisor in military planning, and how commanders can make use of the law to enhance the effectiveness of their operations. NATO Centre of Excellence for Operations in Confined and Shallow Waters (COE CSW) | LinkedInCOE CSW | Kiel | FacebookCollege of Maritime Operational Warfare (usnwc.edu)Home - Stockton e-Portal - LibGuides at Naval War College20210324_NU_NSO 2023 Academic Calendar.xlsx (nato.int)www.operationalmaritimelaw.org

From the NATO Centre of Excellence for Operations in Confined and Shallow Waters, I’m James Cook – and I’m Jörg Schildknecht - the creators of a new show dedicated to keeping you informed on the debates, research, people, and events related to operational maritime law. We invite you to join us for this first season of the OML podcast, where we’ll introduce the topic of operational maritime law, and host discussions with experts on a broad range of legal issues effecting the global commons. Whether you’re a maritime professional, legal scholar, government official, or someone who just wants to learn more about this fascinating community, you’re bound to gain new insights and a new perspective from every episode. The first episodes will be available January 1st, 2023. To make sure you don’t miss new releases, please subscribe to the show on Apple Podcasts, Spotify, Amazon music, or wherever you like to listen.  For more information on our Centre of Excellence, or to see our upcoming events, please visit: operationalmaritimelaw.org. Thanks for listening. www.operationalmaritimelaw.org