I've followed the adventures of pirate radio ships on the North Sea and in the Thames Estuary in the 70s. There are two examples where governments raided unlicensed pirate radio ships that were undoubtedly in international waters:
1) On 1st August 1981, Dutch authorities raided the radio ship "Magda Maria" which was anchored in international waters off the Dutch coast and from which transmissions of "Radio Paradijs" were planned to start shortly. The ship was taken into a harbor.
Years later, after numerous legal proceedings by the owners, a Dutch court convicted the Dutch state of paying huge damages to the owner of the ship (a Panamanian corporation). The raid had clearly been illegal and this was recognized by the court. As several years had passed an the condition of the ship had severely deteriorated, the owners took the money from the damages, and ran. The radio station never became operational, but some sources say this was one of the most profitable offshore radio stations ever, as it earned a lot of money by doing nothing.
If the raid was illegal, why did the Dutch raided the ship ? There are several speculations about this:
- The Dutch state wanted to prevent the coming of a new offshore radio station (after the last one had ceased in 1980). Breaking the law and having to pay damages was a risk they took.
- TV pictures of the ship had shown a circular structure which was explained by some newspapers as "a satellite dish". This grew fears that the station would be a sophisticated hi-tech operation with studios based in another country (and not on the ship), so that the threat to the existing broadcasting industry in the Netherlands was considered as very real.
- The prosecutor specialized in offshore radio stations, Mr. Pieters, was on holiday at that time and was replaced by a younger, less experienced prosecutor ; some see this as an explanation for the risky (from a legal standpoint) raid.
More:
http://www.boutell.freeserve.co.uk/paradijs.htm
http://www.offshore-radio.de/fleet/magda.htm
2) On 19th August 1989, Dutch policemen, escorted by British authorities, raided Radio Caroline's radio ship "Ross Revenge" achored in the Thames Estuary, in international waters. They took and destroyed broadcasting equipment. Then they left, leaving the ship in its original position. The explained their action by international complaints about short-wave transmissions disturbing the international distress frequency.
The owners of Radio Caroline never took legal action against this state-sponsored act of piracy on the high seas. Sources say this was because the ship was not registered anymore and had no flag.
http://www.gn.apc.org/charter88/pubs/other/mcgann. html
http://www.radiocaroline.co.uk/history/chapter10.h tm
What does this tell us about possible state-initiated raids against Sealand ?
1) Until now, the UK has never initiated an illegal raid against an offshore operation in international waters. They did, however, give guidance and assistance to one raid by another nation (the Netherlands) acting against a radio ship in international waters (and close to the UK).
2) In the first example, the raid was declared illegal and the raiding government had to pay damages to the owners. However, the goal of this government had been attained, i.e. to stop the broadcasting from international waters.
3) In the second example, the owners of the offshore station were so stupid (sorry, I should say: naive) to forget to renew the registration of their ship's flag, and therefore had no chance of winning a legal case.
4) The analogy only stands for the causes and consequences of these illegal raids by governments. Of course a ship (which always have to have a countries' flag to be recognized as "foreign territory" by another nation) can never be recognized as a sovereign state in international law. A platform resting on the seabed is a totally different case.
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I've followed the adventures of pirate radio ships on the North Sea and in the Thames Estuary in the 70s. There are two examples where governments raided unlicensed pirate radio ships that were undoubtedly in international waters: 1) On 1st August 1981, Dutch authorities raided the radio ship "Magda Maria" which was anchored in international waters off the Dutch coast and from which transmissions of "Radio Paradijs" were planned to start shortly. The ship was taken into a harbor. Years later, after numerous legal proceedings by the owners, a Dutch court convicted the Dutch state of paying huge damages to the owner of the ship (a Panamanian corporation). The raid had clearly been illegal and this was recognized by the court. As several years had passed an the condition of the ship had severely deteriorated, the owners took the money from the damages, and ran. The radio station never became operational, but some sources say this was one of the most profitable offshore radio stations ever, as it earned a lot of money by doing nothing. If the raid was illegal, why did the Dutch raided the ship ? There are several speculations about this: - The Dutch state wanted to prevent the coming of a new offshore radio station (after the last one had ceased in 1980). Breaking the law and having to pay damages was a risk they took. - TV pictures of the ship had shown a circular structure which was explained by some newspapers as "a satellite dish". This grew fears that the station would be a sophisticated hi-tech operation with studios based in another country (and not on the ship), so that the threat to the existing broadcasting industry in the Netherlands was considered as very real. - The prosecutor specialized in offshore radio stations, Mr. Pieters, was on holiday at that time and was replaced by a younger, less experienced prosecutor ; some see this as an explanation for the risky (from a legal standpoint) raid. More: http://www.boutell.freeserve.co.uk/paradijs.htm http://www.offshore-radio.de/fleet/magda.htm 2) On 19th August 1989, Dutch policemen, escorted by British authorities, raided Radio Caroline's radio ship "Ross Revenge" achored in the Thames Estuary, in international waters. They took and destroyed broadcasting equipment. Then they left, leaving the ship in its original position. The explained their action by international complaints about short-wave transmissions disturbing the international distress frequency. The owners of Radio Caroline never took legal action against this state-sponsored act of piracy on the high seas. Sources say this was because the ship was not registered anymore and had no flag. http://www.gn.apc.org/charter88/pubs/other/mcgann. html
http://www.radiocaroline.co.uk/history/chapter10.h tm
What does this tell us about possible state-initiated raids against Sealand ?
1) Until now, the UK has never initiated an illegal raid against an offshore operation in international waters. They did, however, give guidance and assistance to one raid by another nation (the Netherlands) acting against a radio ship in international waters (and close to the UK).
2) In the first example, the raid was declared illegal and the raiding government had to pay damages to the owners. However, the goal of this government had been attained, i.e. to stop the broadcasting from international waters.
3) In the second example, the owners of the offshore station were so stupid (sorry, I should say: naive) to forget to renew the registration of their ship's flag, and therefore had no chance of winning a legal case.
4) The analogy only stands for the causes and consequences of these illegal raids by governments. Of course a ship (which always have to have a countries' flag to be recognized as "foreign territory" by another nation) can never be recognized as a sovereign state in international law. A platform resting on the seabed is a totally different case.