In principle, a seizure such as the one carried out by the United States is legally permissible, according to Dr. Moritz Brake. Every state has the right to verify the flag status of a vessel. If doubts arise regarding the legitimacy of that status or if the ship’s crew proves uncooperative, a seizure may be undertaken. In addition, the United States cited its own security interests as justification for the measure. Because the vessel was sailing under the Venezuelan flag, it enabled Russia to transport sanctioned oil, which, in Dr. Moritz Brake’s assessment, constituted a violation of U.S. security interests.
The so-called “reflagging” of ships is a common practice in commercial shipping and is generally tolerated. However, a vessel must maintain a genuine link to the state whose flag it flies. If such a connection is absent, this suspicious conduct may legitimately prompt intervention by other states.
In this context, Brake calls for more decisive action by European states. Particularly in the North Sea and the Baltic Sea, European countries possess, in some cases, more extensive powers than in international waters. There, for example, they are required to rigorously enforce environmental and occupational safety standards. In this regard, according to Dr. Brake, seizures and similar measures are also conceivable.