COULD A MASSIVE AND MILITANT MUSLIM NAVY BE IN THE FUTURE?

MUSLIMS ARE EXPECTED TO BECOME A MAJORITY IN RUSSIA DURING THIS CENTURY From the National Review On Line:    MUSLIMS TO BECOME MAJORITY IN RUSSIA THIS CENTURY IF BIRTH RATE RATIOS CONTINUE 

American Admiralty Books Safety & Privacy Policies   EU VISITORS WARNING POSSIBLE COOKIES AHEAD

 PHOTO: U.S.NAVY

 According to an article in the National Review On Line linked to above, Muslims will be a majority in Russia before the end of this century. They form a large part of Russian military conscripts now. Muslim extremists have been a major source of terrorists type incidents in Russia in recent years and the Russian military has used some severely repressive measures against certain Muslim populations. As Muslims swell the ranks of the Russian military at the lowest levels some are beginning to ask the question of how likely is it that these soldiers will apply the force of arms against Muslims to maintain the present government in Russia?  The growing and young Muslim population needs employment. While at the moment they largely are draftees into the army, might the navy, being less likely to be used against Russian Muslim interests become a viable career alternative. Might the West wake up one morning to find that the powerful Russian navy complete with nuclear missile firing nuclear submarines be under the control of ethnic Muslims? Based on the comparative birth rate ratios published in the linked article this is a real possibility. Of course trend may not be future, such a trend can not be ignored. While we don't fear Muslims in general the frightening thing about the terrorists who claim Islamic justifications is that they have clearly exhibited the intention of obtaining weapons of mass destruction and using them at their earliest opportunity. The question is, if such groups are capable infiltrating, rising to prominence and eventually running a real navy or would they self destruct of their own insanity at some point before that happened. There are responsible Muslim states in the world, can one arise in a state where Muslims have at times experienced violent suppression? In any event unless ethnic Russian birth rates rise Russia will be a Muslim majority nation before 2100.

 Read MUSLIMS TO BECOME MAJORITY IN RUSSIA THIS CENTURY IF BIRTH RATE RATIOS CONTINUE to find out more.



                                                                  

MARITIME INTERNATIONAL LAW PART 22

THE WARSHIP'S CREW To read the entire series so far in order of occurrence click here:   http://americanadmiraltybooks2.blogspot.com/p/the-enduring-principals-of-maritime.html

  While war ships and their boats enjoy immunity from the sovereign power of the host state while visiting foreign nations we've already seen how the ship's aircraft could lose the immunity of the ship if operated off the ship while in port. Air craft are viewed in international law as state property, treated with respect by host nations but not with the unusual immunity of the warship. An ambassador enjoys personal immunity from the sovereign power of the host state in his person and in his residence. Though we often call American sailors "blue jacket ambassadors" their personal status once ashore in a foreign port is about the same as any other tourist unless we have a "status of forces" agreement with the host nation. Sailors visit many places where we do not have "status of forces" agreements. Even where we do have them no status of forces agreements give U.S. military personnel immunity from the police powers of the host nation. So having described the immunity of the war ship the officers and crew arrived on let's now look at the status of the crew.

 The status of a war ship's crew depends on whether they are aboard or ashore. If ashore, a warship's crewman's status is dependent on duty status. The warship's compliment (crew) is totally immune from the sovereignty of the host nation while on board. When crew members of a war ship are dispatched ashore in foreign territory on official business it is customary for the host state authorities to waive all jurisdiction over them. This is a point of customary, but not codified, international law.

 The status of a warship's crew ashore is an unsettled point of International Law. The tendency today is for the host state to assume jurisdiction. This is modified somewhat in a number of foreign ports where U.S. forces are stationed or call with some frequency by "status of forces" agreements, treaty, or executive agreements.

 Shore patrols should not be landed except with the consent of the host state. If landed, shore patrols should be unarmed. If a shore patrol is landed the host state can order their withdrawal at anytime. It is imperative that the officers or chiefs in charge of such a shore patrol fully instruct all members in the scope of their authority and their relations with foreign nationals and officials.

TO BE CONTINUED: NEXT THE LAW OF MERCHANT SHIPS

                                              
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MOVIE REVIEW: CAPTAIN PHILLIPS

   CAPTAIN PHILLIPS THE MOVIE
PHOTO: U.S. NAVY
11/21/2014 Now available in video formats:
8/22/2015 Links checked

                                                         

 We try to review as many books as possible of a maritime nature and we've reviewed, linked, and recommended a number of videos; instructional, documentary, and simply entertaining. Previously we had not reviewed a movie while it was still playing in theaters and we don't intend to make a habit of it, but this one could not be ignored. The movie is based on the real life events surrounding the capture of the U.S. flagged container ship MAERSK ALABAMA by Somali pirates, the kidnapping and eventual recovery of her captain by the U.S. Navy. The story deals with events, procedures, techniques that we are all familiar with here at AAB. The movie has also become something of a controversy because some of the real life crew are critical of Tom Hanks interpretation of Capt. Phillips. Certain of the crew have been very vocal in describing the real world Captain Phillips as far less of a responsible and inspiring leader than the character as depicted by Tom Hanks. It should be noted however that these crew members have sued the Maersk line for damages as a  result of their ordeal and Phillips appeared as a witness for the defense of Maersk. Captain Phillips to the best of our knowledge has not sued his employer and returned to sea after the incident and much of its related legal aftermath was over.
           
PHOTO: U.S. NAVY                                                           PHOTO :U.S.COAST GUARD  
We are quite familiar with the frustration of union crews on American flag commercial ships plying pirate infested waters. Understandably, they want firearms to be available to defend themselves against armed pirates. Merchant mariners crewing the transports of the Military Sealift Command are often trained in the use of firearms right in the union schools before signing up for service on these government owned vessels. It can be quite difficult for some crew members to understand that these government owned, navy managed, and Merchant Marine manned ships receive special assistance from the Navy and State Department in their voyage planning and because of special arrangements are not concerned about showing up in ports in violation of their gun laws. Even though the MAERSK ALABAMA was carrying some U.S. government foreign aid cargo, she was not under the Military Sealift Command. If you have been following our serialized posts derived from the book THE ENDURING PRINCIPALS OF MARITIME INTERNATIONAL LAW we have already explained that merchant ships are totally subject to the laws of the ports they enter. Merchant ships have no immunity nor are they considered extra territorial. In short if the ports you visit don't allow ships to enter with guns, the ship and crew can and will be held liable under the port's laws if they are equipped with firearms no matter what the purpose. Few of the nations in the region allow either entering mariners or their own citizens to possess fire arms. So the complaint against both the Maersk line and personally against Captain Phillips by some of the crew is really unfounded, none had much choice about sailing unarmed. If we had any complaints about physical security it would be about the "pirate cages" being secured with simply chain and pad locks that were quickly shot off. These can be arranged with the equivalent of a sort of dead bolt. We also have no complaint about the route selected and thought that the lines in the movie spoken by Tom Hanks reflected the reality of this region where we carry the piracy reports daily. In short we find none of the crew complaints described by the media against Captain Phillips or the Maersk line by certain disgruntled crewmen valid. We also note that Tom Hanks personally has met Capt. Phillips and in his portrayal his Capt. Phillips character pretty much follows the classic leadership models taught in the various naval and coast guard leadership schools. We doubt that Hanks injected that into the movie as a result of formal study, we believe it came out of the script's attempt to carefully parallel the actual events.  All told we think Tom Hanks made a sincere effort to accurately portray the real Capt. Phillips and in the end produced an Oscar caliber performance without over acting. We think he nailed the character.

 The procedures conducted aboard the MAERSK ALABAMA just prior, and during the pirate attacks and subsequent boarding were right out of the simulated exercises conducted at the old U.S. Merchant Marine Academy  Master Mariner's Readiness course, we sorely lament the loss of that program. The Navy procedures depicted were pretty much what we were taught to expect and we thought the real navy ships and crews, including few real Navy sailors who appear in the film did an excellent job.

 Even the disgruntled  MAERSK ALABAMA crew who have complained about the real world Captain Phillips all acknowledge that the film is entertaining. It is that, but the word gripping comes more to our minds. Besides Tom Hanks performance, the actors who portrayed the pirates were superb and delivered performances that went far beyond simply being menacing, each created an individual character who will stand out in your memory. These guys individually and as a group deserve best supporting actor Oscar nominations.

 One of the best scenes in the movie comes towards the end when Capt. Phillips is being cared for by a female Navy Chief Corpsman. Its a very intense scene and we suspect that it may have been played with a real life corpsman. We watched the credits all the way to the end but could not identify who played that part.  As Capt. Phillips as played by Tom Hanks is coming out of the shock of having three pirates shot to death within inches of him while he was bound and blindfolded the corpsman is trying to keep him from hyperventilating or going into shock. She is also trying to determine the sources of the blood that is all over him. Hanks is bordering on incoherent, and the corpsman is the consummate professional proceeding with diagnosis and treatment constantly reassuring and pulling the Phillips character towards coherence and normal breathing. At one point the corpsman asks Hanks if all of the blood is from his head injury. We won't tell you his answer since we don't want to spoil that scene for you, but we believe it may have been ad lib, but a perfect one that helped the audience see deep into the character of the Captain as portrayed by Hanks.

 There is one mystery that we are aware of through our own unique sources that the movie doesn't address and the authorities haven't yet resolved. What ever happened to the $30,000 in cash that the pirates got out of the ship's safe? We know that it made it into the life boat and that it was not on either Capt. Phillips or the one Somali pirate who was tricked aboard the Navy response ship. We don't know how the bodies of the dead pirates were handled, or how the lifeboat was disposed of or searched prior to disposal, or at what point the Navy became aware that the pirates had taken $30,000 in cash from the ship. The missing $30,000 remains a mystery and is not addressed in the movie. To learn more about the sniper shots and the rescue boarding and the missing money click here:https://www.youtube.com/watch?v=p8_lzWfvoXM
 We highly recommend this movie, especially if you are, or have a relative serving with the Merchant Marine or Navy, its a gritty realistic peek into parts of that world. It is not a documentary but a dramatization of a real world event. Hopefully it will give Americans a better appreciation of what is going on out there over the horizon. Go see it, its also one of those cinematic experiences that is best appreciated on the big screen, so go see it soon on the big screen, in surround sound and the whole nine yards. To watch a movie trailer click here: http://www.youtube.com/watch?v=Sp6jpeDeQmE

Johnas Presbyter

                                              
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MARITIME INTERNATIONAL LAW PART 21 WARSHIPS AND ASYLUM

WARSHIPS AND ASYLUM AN AMERICAN VIEW:To read the entire series so far in order of occurrence click here:   http://americanadmiraltybooks2.blogspot.com/p/the-enduring-principals-of-maritime.html

  Since warships enjoy immunity from territorial sovereignty of the host state, they are sometimes targeted as a place of asylum by political refugees.  Although a request for asylum can be a major prob;em for a commanding officer, the first respondent for the ship may be the officer of the deck, or even the junior officer of the deck. It is important that some knowledge of the rules of asylum be possessed down to the junior officer of the deck and liberty launch coxswain level. While such requests are now far less frequent since the end of the cold war, they can happen at any time in any foreign port. Naval regulations change from time to time and nothing that follows should be regarded as a report of up to date official naval instructions. But what does follow is based on regulations in force at the time of this writing and an understanding of the enduring underlying principals of the relevant international law.

 (1) Temporary refuge shall be granted for humanitarian reasons only on extreme or exceptional circumstances where the life or safety of a person is put in danger, such as pursuit by a mob. When temporary refuge is granted, such protection shall be terminated only when directed by the Chief of Naval Operations or higher authority. Commanding officers do not have the authority to grant permanent asylum.

(2) Requests for asylum shall be referred to the U.S. Embassy, if one exists, in the foreign jurisdiction. Individuals requesting asylum shall be afforded temporary refuge only as outlined above.

(3) The Chief of Naval Operations (or Commandant of the Marine Corps if request is made through a Marine unit) be informed through the most expeditious means possible of all actions taken pursuant to any request for asylum and all attendant circumstances. The appropriate U.S. Embassy or consular post must be similarly informed.

(4) Naval personnel shall neither directly nor indirectly invite persons to seek asylum or temporary refuge.

 The point to keep in mind in terms of the enduring principles of maritime international law is this: While the immunity of a warship is a settled point of international law, any implied right of a warship to grant asylum is a matter of controversy. 

TO BE CONTINUED: NEXT THE STATUS OF A WAR SHIP'S CREW ABOARD AND ASHORE.

USNI'S PAST PRESENT AND FUTURE OF MANNED SPACE FLIGHT CONFERENCE

THE U.S. NAVAL INSTITUTE'S CONFERENCE ON THE PAST PRESENT AND FUTURE OF MANNED SPACE FLIGHT WAS A HUGH SUCCESS AND NOW THE KEY NOTE ADDRESSES ARE AVAILABLE AS ON LINE VIDIOS

                                                    

 On October 3, 2013 the U.S. Naval Institute and the U.S. Naval Academy presented on the campus of the Naval academy a conference on the past, present, and future of manned space flight.  We advertised that conference and we hope that those of you who have an interest in manned space flight were able to get to Annapolis for the conference.  Those of you who have been visitors to this site for at least a year and half may recognize the illustrations above as being from our on line E-Book "PROTOCOLS" which in turn is being derived from out series of posts "SPACE AS AN OCEAN". In both the original series of posts and in the E book under development we have taken the approach of examining man's progress in space in comparison with the great age of ocean exploration. We believe that if you spend a little time in our Maritime Literature page reading "PROTOCOLS" (a well developed work, but a work in progress) you will begin to see the parallels between the two historical eras and how the lessons of ocean exploration can inform our space exploration efforts.

 Now that the USNI conference is over and we have reviewed all of the presentations we couldn't help but notice that in the course of several different discussions several panelists likened the next round of planned space flights to ocean voyages and drew parallels with ship board voyages. You may read our 'PROTOCOLS" by clicking on the MARITIME LITERATURE page to your right and scrolling down or simply by clicking on this link and scrolling down to the start of the book which is located below the introduction to the page and a number of book reviews:
http://americanadmiraltybooks.blogspot.com/p/maritime-literature.html


BELOW ARE THE LINKS TO THE VARIOUS PRESENTATIONS AND PANEL DISCUSSIONS PRESENTED AT THE USNI/USNA CONFERENCE



http://www.youtube.com/watch?v=x5psviB9plQ Opening Remarks

http://www.youtube.com/watch?v=KZDFFZjrWko From Mercury to The Shuttle

http://www.youtube.com/watch?v=_tAf6p88_9o  International Space Station

http://www.youtube.com/watch?v=6vlvSPDxHuk   Commercial Manned Space Flight


TO JOIN THE U.S. NAVAL INSTITUTE : http://www.usni.org/qRsvasmhZSsUhOn?gclid=CI-Fn8n_proCFUlp7Aod-F4AcQ

MARITIME INTERNATIONAL LAW PART 20

WARSHIPS ENTERING TERRITORIAL WATERS: To read the entire series so far in order of occurrence click here:   http://americanadmiraltybooks2.blogspot.com/p/the-enduring-principals-of-maritime.html

   While warships enjoy the right of innocent passage through the territorial seas, coastal states have the right to exclude warships from internal waters and ports. However, it is customary for coastal states to allow for naval visits in peace time. Such visits, however, must be arranged through proper channels. The NATO  states have extensive :naval visits agreements". These agreements expedite the port visit procedure and provide for arrangements through naval rather than diplomatic channels. In other than NATO states the usual procedure is to secure permission through regularly established diplomatic channels.

 Once in port, officers of the deck need a through  understanding  of the immunities of warships. Some of these immunities are codified by international convention. Most, however, are the result of customary international law. Many of these immunities are widely agreed on. Others occasionally have been the subject of controversy.

THE SHIP'S IMMUNITY:

 A warship, plainly and simply is not subject to the authorities of the host state. Police and port officials are not entitled to board without permission of the commanding officer. A commanding officer is never required to submit to a search of his ship.

 The boats of a warship are entitled to the same immunities as the ship itself, a point every coxswain needs to bear in mind. The claim of immunity for the boat requires that the national ensign always be flown during daylight hours. Ships aircraft can become a more complex issue.
As long as they stay aboard the warship, they are part of the warship and share its immunity. Military aircraft, however, do not enjoy the same status as warships in and of themselves. Such immunity as military aircraft do enjoy is based solely on their status as state property. Consequently, if a ship's aircraft leaves the ship during a port visit its status as part of the ship may be considered diminished by some states.

The total immunity of a warship is no license for misbehavior. A visiting warship customarily follows all port regulations relative to speed, traffic control, sanitation and pollution controls. Enforcing these rules is by means of a complaint lodged through diplomatic channels by the host state. While in port, officers and junior officers of the deck, boatswain's mates of the watch, and coxswains should acquaint themselves with the rules that apply to their areas of responsibility, and should observe and enforce them.

TO BE CONTINUED; NEXT WARSHIP IMMUNITY AND ASYLUM SEEKERS

NEW ADDITION TO ADMIRALTY LAW SECTION AND BIG LINKS LOCKER

We have always had a Vessel Traffic Service special interest page and will still recommend it for those interested in how the various systems of vessel traffic control and tracking work. But we have noted that admiralty lawyers often need to track merchant ships for service of process. To make those resources easier to find we've added the following links to the very top of the Admiralty Law section, and to the big links locker. 

American Admiralty Books Safety & Privacy Policies   EU VISITORS WARNING POSSIBLE COOKIES AHEAD

ADMIRALTY AND MARITIME LAW:
                     
This section is for lawyers and seamen. If you are a lawyer in need of vessel tracking for service of process we suggest the following links:

Here are some sample vessel tracking sites that provide some free services:

http://www.marinetraffic.com/ais/default.aspx?centerx=30&centery=25&zoom=2&level1=140

http://www.vesselfinder.com/

http://www.aishub.net/

The above links are AIS based systems. AIS can be spoofed, not all services update as frequently as others. The free services are particularly subject to out dated information or vulnerable to spoofing. When you absolutely must have the exact information on a ship's location, as when an admiralty lawyer is attempting to serve process there is no substitute for Lloyd's Intelligence Services, a service of Lloyds of London. Lloyds charges for its services but not only uses modern AIS tracking but maintains a world wide net work of commercial intelligence agents around the world who check custom houses and for official entry pratique,and clearance data. Lloyds finds your ship in the world and for a reasonable fee tracks it until it is about to enter any port you name where you may effect service of process.    http://www.lloydslistintelligence.com/llint/index.htm;jsessionid=CBFA578AB8B6CCE32326F71B4558C59A