Source · Select Committees · National Security Strategy (Joint Committee)
Recommendation 19
19
Rejected
The Government should explore new options for taking a more robust approach to interdicting suspicious...
Recommendation
The Government should explore new options for taking a more robust approach to interdicting suspicious vessels—for example applying piracy provisions to cables that land in the UK or seeking a limited extension of domestic criminal law jurisdiction. It should commission a legal opinion on options and risks, and publish this within six months for consultation with industry and international partners. The Government should, however, remain cautious about the risks of reciprocal action from adversaries and we do not endorse any particular option at this stage. (Recommendation, Paragraph 115)
Government Response Summary
The government partially agrees but explicitly rejects applying piracy provisions to cables or commissioning an external legal opinion on this issue, citing the importance of consistency with UNCLOS, international partner views, and the risk of reciprocal action. It states options to counter suspicious vessels are kept under continuous review.
Government Response
Rejected
HM Government
Rejected
We partially agree with this recommendation. The United Nations Convention on the Law of the Sea (UNCLOS) is the cornerstone of international law on ocean related issues. Upholding UNCLOS is central to the UK’s maritime policy. The Government keeps under continuous review options to counter suspicious vessels, and any proposed measures regarding protection of critical underwater infrastructure must be consistent with UNCLOS. The Government does not consider reliance on UNCLOS piracy provisions to be an appropriate solution to tackling malign activity against submarine cables and pipelines. Various international partners, including major maritime States, share this view. Any measure taken to tackle this issue— including extending criminal jurisdiction—must be consistent with UNCLOS. The Government does not consider it necessary or appropriate to commission and publish an external legal opinion on this issue. The Government would underscore both the reciprocity risk of adopting novel interpretations of UNCLOS, as discussed in the report, and the potential to undermine the international legal framework. It is essential to avoid adopting positions that could be used to our detriment by other States.