Rainbow Warrior Case (international law)
Encyclopedia
The Rainbow Warrior Case was a dispute between New Zealand
and France
that arose in the aftermath of the sinking of the Rainbow Warrior
. It was arbitrated by UN Secretary-General Javier Pérez de Cuéllar
in 1986, and became significant in the subject of Public International Law for its implications on State responsibility
.
security service (DGSE) sank the British-registered Greenpeace ship Rainbow Warrior
berthed in
Auckland Harbour. The Greenpeace
ship was planning to disrupt French Nuclear tests
on the islands of French Polynesia
. New Zealand subsequently caught and convicted two members of the French secret forces.
. His binding ruling was pronounced on 6 July 1986.
and espionage
(though peace time espionage is not covered by international law). The French memorandum to the secretary general argued that Greenpeace was engaging in "hostile actions" and "illegal penetration" of French territory around the test site and New Zealand acted as a platform for those actions. These arguments were rejected as not fulfilling any of the criteria of international law pertaining to the use of force.
on the responsibility of states vs the responsibility of their agents.
of its servicemen. This was agreed to by New Zealand on the condition that they would serve out the rest of their sentences. A compromise was reached by the mediation of the UN secretary general to three year sentences on the French atoll of Hao
(at a French naval base). France ultimately returned both agents to mainland France and freed them by May 1988, after less than two years on the atoll.
In terms of reparations, France initially offered an official apology and acknowledgement of breach of international law. Additionally, the UN secretary-general awarded New Zealand 7 million USD. This is in addition to compensation which France paid to the family of the only victim of the mission and to Greenpeace (settled privately).
New Zealand
New Zealand is an island country in the south-western Pacific Ocean comprising two main landmasses and numerous smaller islands. The country is situated some east of Australia across the Tasman Sea, and roughly south of the Pacific island nations of New Caledonia, Fiji, and Tonga...
and France
France
The French Republic , The French Republic , The French Republic , (commonly known as France , is a unitary semi-presidential republic in Western Europe with several overseas territories and islands located on other continents and in the Indian, Pacific, and Atlantic oceans. Metropolitan France...
that arose in the aftermath of the sinking of the Rainbow Warrior
Sinking of the Rainbow Warrior
The sinking of the Rainbow Warrior, codenamed Opération Satanique, was an operation by the "action" branch of the French foreign intelligence services, the Direction Générale de la Sécurité Extérieure , carried out on July 10, 1985...
. It was arbitrated by UN Secretary-General Javier Pérez de Cuéllar
Javier Pérez de Cuéllar
Javier Pérez de Cuéllar y de la Guerra is a Peruvian diplomat who served as the fifth Secretary-General of the United Nations from January 1, 1982 to December 31, 1991. He studied in Colegio San Agustín of Lima, and then at Pontificia Universidad Católica del Perú. In 1995, he ran unsuccessfully...
in 1986, and became significant in the subject of Public International Law for its implications on State responsibility
State responsibility
The laws of state responsibility are the principles governing when and how a state is held responsible for a breach of an international obligation. Rather than set forth any particular obligations, the rules of state responsibility determine, in general, when an obligation has been breached and the...
.
Background
On 10 July 1985 an undercover operation conducted by the French militarysecurity service (DGSE) sank the British-registered Greenpeace ship Rainbow Warrior
Rainbow Warrior (1978)
The Rainbow Warrior was a former UK Ministry of Agriculture, Fisheries and Food trawler later purchased by the environmental organisation Greenpeace...
berthed in
Auckland Harbour. The Greenpeace
Greenpeace
Greenpeace is a non-governmental environmental organization with offices in over forty countries and with an international coordinating body in Amsterdam, The Netherlands...
ship was planning to disrupt French Nuclear tests
France and weapons of mass destruction
France is known to have an arsenal of weapons of mass destruction. France is one of the five "Nuclear Weapons States" under the Nuclear Non-Proliferation Treaty; but is not known to possess or develop any chemical or biological weapons. France was the fourth country to test an independently...
on the islands of French Polynesia
French Polynesia
French Polynesia is an overseas country of the French Republic . It is made up of several groups of Polynesian islands, the most famous island being Tahiti in the Society Islands group, which is also the most populous island and the seat of the capital of the territory...
. New Zealand subsequently caught and convicted two members of the French secret forces.
Legal consequences
After a series of diplomatic confrontations between France and New Zealand pertaining primarily to issues of compensation and the treatment of the apprehended agents, both governments decided to have their differences arbitrated by a tribunal chaired by then Secretary-General of the UN, Javier Pérez de CuéllarJavier Pérez de Cuéllar
Javier Pérez de Cuéllar y de la Guerra is a Peruvian diplomat who served as the fifth Secretary-General of the United Nations from January 1, 1982 to December 31, 1991. He studied in Colegio San Agustín of Lima, and then at Pontificia Universidad Católica del Perú. In 1995, he ran unsuccessfully...
. His binding ruling was pronounced on 6 July 1986.
The Case
Even though the actions of the French state were not a threat to "international peace and security" as held by the UN Charter due to their limited objectives and impact, they were widely held to be acts of international delinquency comprising breach of sovereigntySovereignty
Sovereignty is the quality of having supreme, independent authority over a geographic area, such as a territory. It can be found in a power to rule and make law that rests on a political fact for which no purely legal explanation can be provided...
and espionage
Espionage
Espionage or spying involves an individual obtaining information that is considered secret or confidential without the permission of the holder of the information. Espionage is inherently clandestine, lest the legitimate holder of the information change plans or take other countermeasures once it...
(though peace time espionage is not covered by international law). The French memorandum to the secretary general argued that Greenpeace was engaging in "hostile actions" and "illegal penetration" of French territory around the test site and New Zealand acted as a platform for those actions. These arguments were rejected as not fulfilling any of the criteria of international law pertaining to the use of force.
State responsibility
In such cases where a state sends its agents abroad to commit acts which are illegal under international or municipal law of the target country, it is customary for the state to take responsibility for the act and issue compensation. However its agents are usually granted immunity from local courts. In this case however, New Zealand managed to call out the French state under international law and try its agents under its own municipal law. See also the Caroline affairCaroline affair
The Caroline affair was a series of events beginning in 1837 that strained relations between the United States and Britain....
on the responsibility of states vs the responsibility of their agents.
The Ruling
France, having admitted responsibility, focused its efforts on the repatriationRepatriation
Repatriation is the process of returning a person back to one's place of origin or citizenship. This includes the process of returning refugees or soldiers to their place of origin following a war...
of its servicemen. This was agreed to by New Zealand on the condition that they would serve out the rest of their sentences. A compromise was reached by the mediation of the UN secretary general to three year sentences on the French atoll of Hao
Hao
Hao or HAO may refer to:* Hào, a form of Chinese pseudonym* Hao , a Chinese surname* Hao * Hao , Hao or HAO may refer to:* Hào, a form of Chinese pseudonym* Hao (Chinese surname) (郝), a Chinese surname* Hao (French Polynesia)* Hao (city), Hao or HAO may refer to:* Hào, a form of Chinese pseudonym*...
(at a French naval base). France ultimately returned both agents to mainland France and freed them by May 1988, after less than two years on the atoll.
In terms of reparations, France initially offered an official apology and acknowledgement of breach of international law. Additionally, the UN secretary-general awarded New Zealand 7 million USD. This is in addition to compensation which France paid to the family of the only victim of the mission and to Greenpeace (settled privately).