Really interesting info here.....worth a read
Julie Bishop: Australia has the right to return asylum seeker boats to Indonesia
“We cannot escape from the fact that they are Indonesian boats with Indonesian crews from Indonesian ports. Of course, you can return them to Indonesia.” – Shadow foreign affairs minister Julie Bishop, Q&A, 15 July.
fact checking mission.........
https://theconversation.com/factcheck-qanda-towing-back-the-boats-and-the-mining-tax-16025
Abbott and Bishop have made these comments in the context of proposals to “push back” asylum-seeker boats to the edge of Indonesian territorial waters. They had said this will take place whether or not Indonesia specifically agrees
But the above claim is problematic because it fails to appreciate the complexity of interdictions at sea and does not adequately reflect Australia’s obligations under international law.
The first legal principle is that vessels in international waters have freedom of navigation under the UN Convention on the Law of the Sea.
No single country has jurisdiction over international waters; each vessel carries the jurisdiction and protection of the country in which it is registered. This means that if an Indonesian boat is travelling in international waters, it cannot be boarded or otherwise interfered with by the Australian Navy unless it has the consent of Indonesia, or it can show due cause under international law.
Verdict
This statement does not adequately reflect Australia’s obligations under international law and is not correct. Interdiction of vessels by Australia will require Indonesian consent – so far not forthcoming – and it will not be possible to simply leave the vessels in the sea near Indonesian territorial waters in the expectation that they will be able, or willing, to re-enter Indonesian territory.
