Estonian expert recommends Denmark board Chinese vessel suspected of damaging cables
Danish officials could board a Chinese vessel suspected of damaging two communication cables in the Baltic Sea to shed more light on the incident, Finnish broadcaster Yle reported, citing Estonian maritime law expert Alexander Lott.
"Danish authorities should take measures that Finland and Estonia failed to implement in the Balticconnector gas pipeline incident," Alexander Lott said in a video interview with Finnish broadcaster Yle.
According to Lott, Danish officials should act more boldly, despite the legal complexities surrounding the damage to communication cables between Finland and Germany, and Lithuania and Sweden.
Lott noted that Danish authorities are likely to face difficulties in establishing a legal basis for boarding the Chinese ship Yi Peng 3, conducting a search or detaining the vessel. He added that Denmark has so far taken a cautious approach in interpreting maritime law.
"[However,] I believe legal enforcement measures against the Chinese vessel are possible," said Lott, a researcher at the Norwegian Centre for the Law of the Sea at Tromsø University.
He explained that several laws and agreements would permit boarding a foreign vessel suspected of damaging underwater cables.
Should Danish officials decide to board Yi Peng 3, it could set a legal precedent that might be resolved in court, providing Baltic Sea nations with clearer guidelines for responding to suspected hybrid warfare targeting underwater infrastructure, the expert said.
He warned that perpetrators of hybrid attacks could exploit current legal gaps to their advantage.
Lott emphasized that the priority should be to prevent the Chinese ship from continuing its journey unchecked. He cited last year's incident involving a Chinese cargo vessel that damaged the Balticconnector gas pipeline between Estonia and Finland as an example of what should be avoided.
According to Lott, international maritime law currently does not provide adequate protection for underwater cables.
Expert: Boarding the ship requires permission from China
Permission to board and inspect the vessel must be obtained from the country under whose flag the ship operates, in this case, China, explained Kristina Siig, a professor of maritime law at the University of Southern Denmark.
"A ship is essentially seen as a small piece of its flag state – in this case, a piece of China," Siig told Denmark's public broadcaster DR.
Since the vessel is located in Denmark's exclusive economic zone (EEZ), authorities can intervene only in cases involving environmental crimes, Siig noted.
According to information received by Danish and Swedish public broadcasters, several countries are currently engaged in diplomatic negotiations with China to resolve the impasse.
DR reported that these negotiations, ongoing since last week, have been conducted in good faith, with the aim of securing China's consent to inspect the vessel.
The Chinese Ministry of Foreign Affairs has stated that it is unaware of any connection between the Chinese ship and the damage to the communication cables.
Three countries' authorities monitoring the vessel
The Chinese ship suspected of sabotaging underwater cables has been lingering in international waters near Denmark's territorial boundary for several days.
According to map data, Yi Peng 3 has approached as close as 100 meters to Danish territorial waters.
The vessel's exact location is crucial for Danish authorities to gain the legal right to board and search it. If the ship were within Danish territorial waters, Denmark's jurisdiction would apply, explained Professor Kristina Siig.
The ship-tracking service MarineTraffic reports that Danish, German and Swedish vessels are patrolling near the Chinese ship.
A Danish Navy patrol ship has been stationed very close to Yi Peng 3 and has monitored its activities from the start. However, the Danish Armed Forces have not confirmed the vessel's precise location or whether any representatives have visited the Chinese ship.
German authorities have been tracking Yi Peng 3 with at least two vessels. Initially, the coast guard ship Bad Düben monitored the Chinese vessel from Friday to Monday before leaving the area. Around the same time, the German federal police patrol boat Bad Bramstedt arrived and anchored near Yi Peng 3.
Additionally, a Swedish coast guard vessel has been on duty in the area since Saturday.
Sweden asks Chinese ship to enter its waters for an investigation
Sweden has requested the Chinese ship to enter Swedish waters to facilitate the investigation into damaged communication cables on the Baltic Sea floor, Prime Minister Ulf Kristersson said on Tuesday.
The Danish Navy announced last week that one of its vessels was stationed near the Chinese cargo ship Yi Peng 3, which is anchored in international waters but within Denmark's exclusive economic zone.
"We have been in contact with the ship and China on Sweden's behalf and stated that we want the ship to move into Swedish waters," Kristersson told reporters.
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Editor: Mait Ots, Marcus Turovski