(NewsNation) — Crew members aboard two sanctioned oil tankers linked to Venezuela and seized by U.S. forces could face criminal charges or prolonged detention as Russia is expected to challenge the seizures.
The number of crew members is unclear, but those onboard are being held in the U.S. after authorities asserted jurisdiction over what they described as “stateless” and sanctioned vessels, meaning U.S. law applies.
The US claims jurisdiction so US law will apply to crew members
Since the ships are deemed stateless, any country may claim jurisdiction under applicable law, James Kraska, a maritime law expert and visiting professor at Harvard Law School, told NewsNation.
U.S. authorities will detain these crew members as they investigate if any committed crimes under U.S law, he said.
“If they’ve committed a crime, they could be prosecuted, or they could be released and repatriated back to their country of nationality,” Kraska said. Crew members with decision-making authority are likely to face greater scrutiny than lower-ranking crew members.
One vessel, originally known as the Bella 1 and now called the Marinera, was a Russian-linked tanker sanctioned last year for transporting Iranian oil, according to the New York Times.
The ship was en route to Venezuela in December when the U.S. military attempted to board it in the Caribbean, alleging it was flying a false flag. After weeks of pursuit, the ship sought to identify itself as a Russian-affiliated vessel, and crew members painted a Russian flag on its side.
Russia’s Transport Ministry said the tanker received temporary permission to sail under its flag on Dec. 24 and criticized the seizure.
“No state has the right to use force against vessels duly registered in the jurisdictions of other states,” the Russian government said in a statement.
Under the Law of the Sea, a U.N.-backed legal framework, a vessel must have a “genuine link” to its flag state, Kraska said, adding that U.S. authorities concluded no such link existed.
While being on a stateless vessel is not itself a crime, it can be associated with offenses such as material fraud, including falsified registration, he noted.
U.S. Southern Command said a second tanker, the M/T Sophia, which had been “operating in international waters and conducting illicit activities,” was also seized.
“Both vessels — the Motor Tanker Bella I and the Motor Tanker Sophia — were either last docked in Venezuela or en route to it,” Department of Homeland Security Kristi Noem said on social media.
Crew members will likely be entangled in US-Russia showdown
While the U.S. has claimed jurisdiction over the tankers, whether the vessels are truly stateless remains unclear, Martin J. Davies, a professor of maritime law at Tulane University, said. He added Russia will likely contest the seizure of the tanker with its flag.
Those crew members will be caught in the middle of a “geopolitical face-off” between Russia and the United States, he said.
They are “invisible victims” in the sense that the legality of their detention will be argued far above their role, in cases involving profound questions of international law, Davies said.
U.S. sanctions target those arranging the oil trade, not the sailors themselves, Davies said, adding that the “legal provision here is not at all clear.”
Since they have been claimed by the U.S., they will be subject to U.S. laws, but if charged, the “legal basis for prosecuting the crew members is tenuous at best,” Davies noted.
The seizures come days after a U.S. operation that led to the capture and arrest of Venezuelan President Nicolás Maduro. Maduro and his wife, Cilia Flores, were taken into U.S. custody, and Maduro has pleaded not guilty to drug trafficking charges.