Riigikogu gives Defense Forces broader powers for use of force at sea
In response to the sabotage of underwater infrastructure, the Riigikogu has granted the Estonian Defense Forces (EDF) broader authority to use force. The new legislation also defines how orders to use force are given and who bears responsibility.
There is, in fact, a historical case in which the British government decided to bomb a tanker that had run aground, "Aktuaalne kaamera" reported.
During Easter in 1967, the British military bombed the tanker Torrey Canyon after it ran aground and split in two within the UK's exclusive economic zone. At the time, more than 100 million liters of fuel spilled into the sea. The bombing was an attempt to ignite the spilled heavy fuel oil in order to reduce environmental contamination.
"This is considered one of the classic examples in international customary law of how a coastal state, faced with an overwhelming threat and with no other means at its disposal, may resort to such measures," said Alexander Lott, a researcher at the Norwegian Center for the Law of the Sea.
The decision to bomb was made by the British government. In Estonia, the use of force by the Defense Forces to neutralize threats is governed by the Defense Forces Organization Act, says Riigikogu National Defense Committee chair Kalev Stoicescu.
"In such situations, the responsible minister or a competent commander issues the order to use force. The responsible minister is clearly the minister of defense, while the competent commander might be the head of the Navy or a subordinate officer, depending on the specific type of situation," Stoicescu explained.
In the 1967 disaster, the threat was clear. But if the basis for using force is suspicion, the question arises: how can it later be proven that both the suspicion and the response were justified?
"We don't have a 'common sense law.' People themselves must have common sense. What the law does say is that the person who gives the order is responsible for its consequences," said Stoicescu.
Last week, the Riigikogu amended the Defense Forces Organization Act and the Exclusive Economic Zone Act in response to the need to protect maritime infrastructure. The Ministry of Justice has prepared a bill that expands the scope of the Penal Code and introduces harsher penalties for damaging underwater infrastructure in Estonia's exclusive economic zone.
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Editor: Marcus Turovski, Aleksander Krjukov
