What is the 12-mile zone?
The 12-mile zone, also known as the territorial sea or sovereign waters, extends 12 nautical miles (approx. 22.2 kilometers) from a state's coastline into the sea. Within this zone, the state has full sovereignty, similar to its mainland. This means German authorities, such as the police or coast guard, can enforce laws, arrest individuals, and take criminal action in this area.
Can German authorities arrest outside the 12-mile zone?
Outside the 12-mile zone, i.e., in international waters, the jurisdiction of German authorities is severely limited. In principle, Germany's sovereignty ends at the border of the 12-mile zone. However, there are exceptions where German authorities can act outside this zone:
- German ships or nationals:
- On ships flying the German flag, German authorities can act regardless of their position in international waters, as the ship is considered German territory. Therefore, if a crime is committed on board a German ship, German authorities can conduct investigations and make arrests.
- German nationals who commit criminal offenses (e.g., piracy, drug trafficking) can, under certain circumstances, also be prosecuted in international waters if the act is punishable under German law.
- International agreements and cooperation:
- In cases such as piracy, human trafficking, or drug smuggling, German authorities can act based on international agreements (e.g., the United Nations Convention on the Law of the Sea, UNCLOS). This often happens in cooperation with other states or international organizations like Interpol or Frontex.
- If a ship operates without a flag in international waters (stateless) or is suspected of committing serious crimes, German authorities may take measures under certain circumstances, such as searching the vessel or arresting individuals.
- Hot pursuit across borders:
- In exceptional cases, such as hot pursuit (pursuit that begins in German territorial waters and leads into international waters), German authorities may continue their actions. However, this is legally complex and often requires the consent of other states if the ship is flying a foreign flag.
- Extradition or arrest abroad:
- If a person is located outside the 12-mile zone in the territorial waters of another state or on its territory, German authorities cannot intervene directly. Instead, they would have to file an extradition request or seek police cooperation based on bilateral or international agreements.
What is the role of international waters?
In international waters, which lie outside the 12-mile zone and the contiguous 24-mile zone (so-called contiguous zone), the freedom of the high seas applies. No state has sole sovereignty here. German authorities can only act under the exceptions mentioned above (e.g., German ships, international agreements). Without such exceptions, an arrest by German authorities in international waters would not be legally permissible.
What happens if I am on a ship flying a foreign flag?
If you are on a ship flying the flag of another state, you are primarily subject to the sovereignty of that state. German authorities generally cannot intervene without the consent of the flag state. An exception would be if the ship is operating in German territorial waters or if there is an international arrest warrant for a person on board.
Can I be arrested in the Exclusive Economic Zone (EEZ)?
The Exclusive Economic Zone (EEZ) extends up to 200 nautical miles from the coast. In this area, Germany has limited rights, mainly related to resource utilization (e.g., fishing, wind power) and environmental protection. German authorities cannot carry out arrests in the EEZ unless one of the exceptions mentioned above applies (e.g., criminal offenses on a German ship).
Conclusion
Outside the 12-mile zone, German authorities generally cannot make arrests, as their sovereignty ends there. Exceptions apply to German ships, international agreements, serious offenses such as piracy, or cases where the consent of other states is obtained. If you are in international waters or on a ship flying a foreign flag, you are primarily subject to the sovereignty of the respective flag state or international law. For legal questions, it is advisable to consult a specialized lawyer for maritime law or international criminal law.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. For specific cases, please contact a qualified attorney.
