Ady Gil's Bethune boarding of Shonan Maru 2 not illegal at law

by WcP.Observer on 19 Feb 2010 Round the world powerboat record holder Captain Pete Bethune climbed aboard a Japanese vessel on Feb. 14, 2010 in the Antarctic Ocean to attempt a citizen's arrest for the destruction of a protest vessel last month.

'He wanted to arrest Shonan Maru 2's captain for Ady Gil's destruction and 'attempted murder' of six Ady Gil crew members.

The whalers decried the boarding as illegal. However, Donald Rothwell, a professor of international and maritime law at the Australian National University, said Bethune's boarding was not illegal under international law unless he planned to do harm to the crew or imperil the safety of the Shonan Maru 2.

Merely making a demand or presenting a letter and a bill did not constitute terrorism or piracy.

Captain Pete Bethune has clearly stated in his written letter that the Japanese whaler has an obligation under maritime law to provide him with safe passage back to land: 'If you refuse to be arrested, then I am requesting that you deliver me to Wellington (New Zealand).

'Having sunk my vessel, and with our issuing of a mayday call, you have an obligation under maritime law to provide me with safe passage back to land.' Apparently, Captain Bethune is boarding to deliver a citizen arrest for 'attempted murder' (Maritime NZ confirms Ady Gil investigation) which he himself experienced and survived as one of the six almost-killed Ady Gil crew members, and to deliver an invoice.

In a cover letter Bethune states: 'I am here to arrest you. I am requesting that you transfer now to the Steve Irwin, where we will take you into custody, and we will deliver you to the Maritime Safety Authority and the New Zealand Police once we reach Wellington (New Zealand).' As Captain of the Ady Gil, Peter Bethune has an invoice for $3 million which he will present to the skipper of the Shonan Maru 2.

'If you refuse to be arrested, then I am requesting that you deliver me to Wellington (New Zealand). Having sunk my vessel, and with our issuing of a mayday call, you have an obligation under maritime law to provide me with safe passage back to land.'

'I commit to you that while I am on your vessel, that I will not impede or disrupt your crew and their activities.'

The invoice, dated 14 February 2010, says, 'If payment is not forthcoming within four weeks of receiving this document, we will be proceeding with criminal charges in Japan against your company. We will be seeking punitive damages, in addition to the full replacement cost of the Ady Gil. Further to this, we will be laying criminal charges against the Captain of the Shonan Maru #2.'

Full story at http://www.worldculturepictorial.com