A third of the ships in the shadow fleets operated by Russia, Venezuela and Iran sail without a valid flag in order to circumvent international sanctions. While some European countries are taking greater action, Belgium is sticking to monitoring for the time being. However, 13 ships flying false flags crossed Belgian waters in recent months. Belgium is now working on a change in the law to enable the authorities here to take tougher action, an international investigation conducted together with VRT NEWS and Flemish daily De Tijd shows.
What is the shadow fleet
A shadow fleet (or "dark fleet") refers to a clandestine group of older oil tankers and vessels using deceptive practices to transport sanctioned goods—primarily oil from Russia, Iran, and Venezuela—while bypassing international restrictions, insurance requirements, and safety regulations. These ships hide their origins, ownership, and destinations.
What can be done about these ships?
‘When a ship has no flag or a fraudulent flag, it is considered de facto “stateless” and any state may board and inspect it,’ says Magali Michiels, PhD researcher in international politics at the Flemish Free University of Brussels, the VUB.
This has not happened in Belgian waters recently. But that does not mean that Belgium is doing nothing. ‘These vessels are constantly monitored, even before they enter Belgian waters. And if a ship from the shadow fleet were to call at a Belgian port, it would immediately be detained,’ says Thomas De Spiegelaere, spokesperson for the Belgian mobility ministry.
But why are these ships left alone when they sail through the Belgian economic zone of the North Sea? New legislation is now being developed, the office of justice minister and minister for the North Sea Annelies Verlinden (Flemish Christian democrat CD&V) told VRT NEWS.
‘The UN Convention on the Law of the Sea already contains a number of rules on the inspection and possible boarding of ships, especially when they are sailing without a flag or under a false flag. In order to make certain provisions applicable in Belgium, a number of matters must be laid down, both legally – for example, who can take the decision to board – and operationally. These provisions are currently being worked out,’ the minister’s office explains .
The US has seized ships in the past. Can Belgium follow suit?
‘Seizing a ship is a completely different matter and is much more complex from a legal point of view,’ says Michiels.
‘Although international law states that a ship may not sail without a flag, this is not a crime under Belgian law. Therefore, you cannot seize a ship solely on the basis of the absence or fraudulent nature of a flag. Incidentally, this is not unique to Belgium: other countries are also struggling with this issue,’ says Michiels.
According to Professor of International Maritime Law Klaas Willaert (Ghent University), the UN Convention on the Law of the Sea does not provide a legal basis for the detention and seizure of a ship flying a false flag, as the US did recently. "There is some disagreement about this. Nevertheless, the US approach can count on support, as this assertive strategy fills a gap in maritime law."
What is Europe doing?
In the EU, member states are trying to find a solution to respond more assertively. Recently, the Council of the European Union i.e. European heads of state and government, published a statement detailing that member states may use international law to counter the threat posed by the shadow fleet.
However, ‘the EU statement does not fundamentally change the basic approach,’ the Belgian defence ministry told VRT NEWS. ‘It simply confirms and reinforces the political framework for making full use of existing rights under maritime law.’