The detention proved rather necessary, because the Estonian authorities discovered that the oil tanker had no less than 40 gaps. (In one way or another, his last inspection, completed in the Russian port of Novorossiysk in June 2024, had not acquired any gap.) Fifteen days later, with its most serious problems solved, the Kiwala was authorized to leave and Djibouti agreed to let him sail under his flag until May 7.
To date, however, Kiwala will probably come back to its existence without flag because it has clearly not harmed business: since the removal of its flag recording last November, it has been transporting raw round trips between Russia and Southeast Asia. Once held by Estonians, the ship was on the road to UST-Luga to receive another Russian gross burden. This is the state of maritime order today.
In a perverse way, it is good that Kiwala sailed without flag: it means that even extreme convenience flags have found the ship too risky. Here again, the fact that this did not prevent him from navigating at all suggests a disturbing reality: the owners of ghost ships are therefore constantly on the international maritime rules that they are ready to let ships rape the most fundamental command of global navigation.
In normal circumstances, Kiwala should have been detained in UST-Luga, Sikka, or one of the other Russian or Indian ports where it regularly calls. But that was not the case. Instead, its owner, its customers and all these ports have tolerated its blatant violation of maritime rules. They were comfortable because on the oceans today, the rupture of rules is common and increasing – whether the shadow fleet, the mysterious incidents involving underwater cables and pipelines, the Houthi attacks against merchant ships linked to the west, the maritime harassment of China in the southern sea of China or its seizure of reefs located in other countries.
As for the fleet of renegades, it presents the same substantial risks as the shadow fleet – including the fundamental question of what is happening in the event of an accident. Usually, the state of the flag plays a main role dealing with accidents (and preventing them). But what happens when there is no flag?
The laws respectful of laws have few options when they try to fight against offenders in the rules in their EEZS, and practically none in international waters, but credit in Estonia for having treated with Kiwala. Meanwhile, the rest of us can help by naming and shame on ships that break the rules, their owners and managers. We should above all keep an alert eye on other ships joining the Fleet de Renégats.
For beginners, the world should know Tirad Shipping Inc. – The holding in a ship in Mauritius which owned and managed Kiwala when it entered Estonia waters – and the new ship manager, Hong Ze Hu Shipmanivation Co., based in Shanghai, can do it the most likely.
The international maritime order depends on the countries and companies that adhere to the rules. Today, we see the theory of broken windows taking place on the high seas: anarchy generates more anarchy. It was almost inevitable that the shadow fleet was followed by the emerging Renegade fleet. But it is not too late to stop him on his sea tracks.
Politices
