US president Donald Trump’s justice department wants to bring back a long-dead court to seize Iranian tankers. These so-called ‘prize courts’ date back to the 18th century and were last seriously used in the US Civil War and the world wars. The Trump administration believes they can be used to decide on ship seizures. In short, they think this creaking mechanism can be used in Trump’s failed war against Iran.
The idea seems… a little chaotic… and very Trumpian. Citing a paywalled Bloomberg report, The Maritime Executive website described court as:
a special-purpose tribunal for speedily determining the legality of the seizure and forfeiture of an enemy merchant vessel.
The tribunals are very old indeed and were last used decades ago:
The American legal framework for a prize court hasn’t been tested since World War II, and only rarely after 1900; but dusty as it may be, the administration sees it as a way to circumvent the delay-prone appeals process of the civil court system.
They date back to an earlier era of violent colonial competition:
when blockades and militarily-aligned merchant shipping were part of the everyday business of warfare.
The court is convened in “a belligerent state’s seaport”:
when a captured merchant ship is brought in. If the ship meets the standard for a prize, the court transfers ownership of the vessel (and any contraband cargo) to the belligerent state.
But the move is a sign of a much deeper rot in the US empire.
Trump — A regime in freefall
US-Israel attacked Iran first on 28 February without provocation. Iran was offeringunprecedented concessions in negotiations at the time. The Pentagon has sincestated there was no imminent threat from Iran. And the UN’s atomic watchdog, the IAEA, has said there isno evidence Iran was developing a nuclear weapon.
The US has achieved none of its original war aims. Iran predictably closed the Strait of Hormuz, a vital oil channel, once attacked – creating a global energy crisis. Far from being defeated, Iran has said the war will continue until “the enemy’s inevitable and permanent humiliation, disgrace, regret, and surrender”. Trump came to power on an anti-war ‘America First’ ticket. He now faces worldwide humiliation.
With talks deadlocked Trump has made Iranian tanker seizures a core part of his strategy.
Maritime Executive said that the court could be hosted in Texas, but caveated that one of six conditions must be met to enact the archaic tribunal:
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carrying militarily-useful goods toward enemy territory (contraband goods);
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transporting enemy servicemembers;
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operating under enemy control or charter;
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using fake documents;
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violating regulations near naval activity
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or attempting to run a blockade.
The US has also been seizing Venezuela-linked tankers as part of its strategy to bring the Western hemisphere to heel.
With the US empire in visibly rapid decline, Trump and his allies are groping for ways to impose their will. In this case, they want to use a form of law-fare. The truth is, prize courts will do nothing to stabilise a violent global regime which is in free-fall.
Featured image via the Canary
By Joe Glenton
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