The "ARA Libertad"

In: American journal of international law: AJIL, Volume 107, Issue 2, p. 404-410

Abstract

On December 15, 2012, the International Tribunal for the Law of the Sea
(Tribunal or ITLOS) ordered Ghana to resupply and, upon payment
of security, to refuel and release the Argentine naval frigate ARA
Libertad, which was being held by authorities in the Ghanaian
port of Tema. The Tribunal ordered release of the vessel in response to
Argentina's request for provisional measures under Article 290(5) of the United
Nations Convention on the Law of the Sea (Convention or
UNCLOS). The Tribunal accepted Argentina's prima facie showing
that the Libertad, a tall, three-masted sailing ship
commissioned in the Argentine Navy being used as a training vessel for officer
cadets, qualifies as a "warship" under Article 29 of UNCLOS,
and was therefore entitled to immunity and release to avoid irreparable harm to
Argentina pending the final outcome of the case (paras. 93–95).