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It All Depends on the Meaning of “Full Responsibility”
Two days ago, in the Strait of Hormuz–an internationally recognized shipping lane–the Iranian Revolutionary Guard Corps Navy fired shots across the bow of the Marshall Islands-flagged MV Maersk Tigris, then seized the vessel. They are holding the ship and the 24 crew members.
According to the Chief White House Correspondent for CBS News, Pentagon lawyers have determined the United States “has no obligation to come to the defense of a Marshall Islands-flagged vessel at sea.”
Here’s the text of the Compact of Free Association, as amended and signed in 2003, between the the United States and the Marshall Islands.
How do you interpret these words?
Published in General
Obama has already made clear he does not believe in defense of allies. If I were Russia, I’d invade the Baltics now.
I was gone all day without media. When I came home around 7pm, I went online to find out what was happening with the ship. Finding news stories was a hunt. It was like I had dreamed the whole incident.
What on earth is happening? How can the Navy accept doing nothing?
Russians are sneaking around Sweden and Finland, planes are intercepted in US and Canadian airspace…
I’m no military expert, but we’re in for some serious trouble.
The lack of media coverage is bizarre. You’d think our media was completely government-controlled.
You missed the key clause of (b)(1): “as the United States and its people are defended.” As the Obama administration finds “defense” of the United States and its people to be completely optional …
I do feel that way, seeing this.
The weirdest thing was Drudge.
Tuesday it was his lead story.
Wednesday night it was gone. Off the page, not just demoted to the bottom. Surreal.
Don’t antagonize the pirates!
Blow them up! Shores of Tripoli and all that
You should seeing how the Obama administration missed the boat in Yemen. Other countries do NEO for their citizens, just not the US. Same thing almost happened in Libya – except the State Department was shamed into ginning up a ship to pull them out – might be the only good thing the Clinton State Department did.
I understand a cautious response: there’s a reasonable case for not immediately blowing things up in what’s already a volatile region. I don’t understand how, with a straight face, Pentagon lawyers can say we have “no obligation.”
That’s not complex, arcane legal language. It’s absolutely clear.
They could be saying that since, policy at the Pentagon is controlled by the Commander in Chief, they – the Pentagon – have no obligation until the CIC tells them they do.
According to Stars and Stripes, the US patrolling the straits “could raise tension” as the US and Iran continue “negotiating” (my scare quotes, not theirs).
Like them capturing a cargo ship sailing in international waters didn’t do that already.
Deep, deep doo-doo…
It is very odd – particularly as I know from my day job, (I’m a maritime lawyer) that OFAC regards shipowners registered in the Marshall Islands as being obliged to comply with US sanctions against Iran.
So you’re subject to the full weight of US penalties if you trade with Iran, but if your ship is seized by the Iranians, you’re on your own…
I’d be curious about a maritime lawyer’s views of this. Have you ever heard of a similar case involving any analogous defense relationship?
On the assumption we’re not missing something here — and I don’t see how we could be — this is really dangerous. Once again, our promises to defend allies (even little tiny ones) is shown to be absolutely worthless.
Worse than that, it seems plausible that the Tigris was targeted because it flies the flag of a US protectorate and the Iranians wanted to take us down a notch again.
The lack of news coverage is especially alarming. The Fourth Estate has just completely checked out.
Am I the only one who thinks the name may be symbolically connected to the seizure? After all the Tigris is one of the two great rivers of Iraq.
(fyi, the like button is weird again… I can like my own comments and unlike them, but my tablet multiple inadvertent taps just add up… sorry …)
And how’s this for weird: This was what the Pentagon said on Tuesday:
In addition to hating America, its traditions, and a majority of it’s people, the low-rent Bolshevik currently occupying the White House also hates America’s allies. Had Republican leaders any courage, they would impeach him forthwith.
And Marie Harf repeated it, yesterday:
So what on earth is going on? Did CBS misunderstand? Has anyone seen that reported anywhere else?
More importantly, where is Congress? The President is abrogating a treaty that body ratified. This isn’t just strategically questionable, it’s legally questionable too.
Yeah I’m with Tom here. Another “fundamental transformation” of America? It seems pretty obvious from all their previous negotiations with Iran that NOTHING will stand in the way of the precious “deal”, including our own actual security.
I was under the impression that when a ship flies a country’s flag it is in essence an extension of that country. Maybe we got all bent out of shape before the War of 1812 over British impressment of American sailors from their ships for nothing. In turn the Brits were unnecessarily upset during the Civil War with American forces boarding a ship flying British colors, the Trent, and forcibly removing four Confederates. Too bad Obama lawyers weren’t there to explain it was no biggie.
I’m not necessarily saying we go in guns blazing but it could start with unequivocal condemnation from the administration, not preemptive surrender.
If I could look it up, why couldn’t this representative?
I haven’t. But then my field is commercial maritime law, not the public law governing the law of the sea. It just seems odd to me that the US would subject shipowners registered in an associated state of the US to its sanctions regime without extending the protection offered by the US Navy to US-flagged ships.
Claire @24:
Commie don’t surf (the web).
For the umpteenth time in the last 7 years, I am ashamed to be an American.
Impeachment is what he wants. He would never be convicted and the charade would give him ample opportunity to play the victim card. A simple resolution asking the Democratic party to formally request he step down because he has proven to be an incapable leader would serve the same purpose and force Democrats to tie themselves closer to him.
Does no one see the similarity of how the mayor of Baltimore approached the riots and the way O. approaches forgone policy? The problem is the GOP is as incompetent as the liberals are.
You are over-thinking this. The Obama administration does not want the U.S, to be the dominant military power in the Persian Gulf; that is a role that should be reserved for, well, Persians.
The administration’s actions are difficult to understand unless you accept the idea that they want to diminish America’s role in shaping world events.
It seems incomprehensible that a leader would work to diminish his own nation’s prominence and prestige- but here we are.
And he is not a lone psychopath; there is a large and influential political class behind him.
We’re toast.