Criminal Law At Sea: Royal Caribbean's Legal Code

When it comes to criminal law on Royal Caribbean cruise ships, the laws that apply depend on the location of the ship and the nationalities of the people involved. In general, a cruise ship in international waters follows the laws of the country whose flag it flies under. For example, if a crime occurs on a Liberia-registered cruise ship outside of U.S. waters, Liberian law would apply. However, if a crime occurs within the territorial waters of a country, the laws of that country would apply. Additionally, the U.S. has jurisdiction over certain crimes that occur at sea, such as those involving U.S. nationals or U.S.-owned vessels. The Cruise Vessel Security and Safety Act also requires cruise ships embarking and disembarking in the U.S. to report all crimes that take place at sea and comply with certain safety and security measures. Royal Caribbean's Guest Conduct Policy outlines behavioural standards for guests to ensure a safe and enjoyable cruise experience for everyone on board.

Jurisdiction: The country where the ship is registered, the country where the cruise line is headquartered, the ship's location, and the citizenship of the parties involved all play a role in determining jurisdiction

Jurisdiction is a complex issue when it comes to crimes committed on cruise ships, as multiple countries may have a stake in exerting authority. In the case of Royal Caribbean, the interplay of various factors comes into play in determining jurisdiction:

Ship's Flag State

The country where a ship is registered, known as the flag state, holds jurisdiction over administrative matters such as safety, maintenance, and labour issues. For instance, around three-quarters of cruise ships that frequent Miami, including those of Royal Caribbean, are registered in the Bahamas, Panama, or Malta.

Cruise Line's Base Country

The country where the cruise line's corporate headquarters are located may claim jurisdiction to investigate crimes on its ships. Royal Caribbean, being based in Miami, falls under the jurisdiction of the United States.

Ship's Location

If a crime occurs while the ship is docked at a port, the country where the port is located assumes jurisdiction. On the other hand, crimes committed in international waters, or the high seas, fall under the jurisdiction of the flag state.

Citizenship of Parties Involved

The nationality of both the victim and the accused plays a significant role in determining jurisdiction. Countries have a vested interest in handling crimes when their citizens are involved.

The interplay of these factors creates an overlapping web of jurisdictions, where multiple countries may view a crime as falling under their authority. The specific circumstances of the case will determine which country takes the lead in the investigation and prosecution.

In addition to the above, it is worth noting that Florida has a specific statute, 910.006, which grants the state "special maritime criminal jurisdiction" over certain crimes that occur on cruise ships, even in international waters. This statute was enacted due to the high volume of cruise ships frequenting Florida ports, giving the state a direct interest in regulating criminal activity that affects its residents.

Investigation: The flag state, port state, FBI, US Coast Guard, and private ship security all have roles in investigating crimes at sea

When a crime is committed on a cruise ship, multiple parties may have a role in investigating it. These include the flag state, port state, FBI, US Coast Guard, and private ship security. Here's an overview of their roles:

Flag State

The flag state is the country where the ship is registered and has jurisdiction over administrative issues, including safety, maintenance, and labour issues. If a crime occurs on a ship flagged in a particular country, that country's government typically has the primary authority to investigate and may take the lead in resolving the incident. Around three-quarters of cruise ships that frequent Miami, for example, are registered in the Bahamas, Panama, or Malta.

Port State

If a ship is docked at a port when a crime occurs, the local police of the port state will likely board and conduct an initial investigation and evidence collection. They have jurisdiction in such cases and may transfer responsibility to another agency later if needed.

FBI

The FBI has broad extraterritorial jurisdiction over American citizens and can assert authority to investigate crimes against Americans on cruise ships anywhere. They often get involved in cruise ship crime investigations, especially if the ship embarks or disembarks in the US. The FBI has posted senior-level agents in Legal Attaché (Legat) offices worldwide to pursue investigative activities where permissible, and they work closely with the Department of Justice and the Department of State.

US Coast Guard

The US Coast Guard has law enforcement powers in maritime regions near US shores. They may board ships docked at US ports if federal crimes are suspected and can play a role in investigating and addressing security threats. The Coast Guard also sponsors Area Maritime Security Committees (AMSC), which include the FBI as a full participant, to assess port vulnerabilities and develop security plans.

Private Ship Security

Cruise ships have internal security forces that are typically the first responders to any crime reports on board. They will alert the proper authorities, such as the FBI or local police, and assist in evidence preservation and protection.

The involvement of these parties in investigating crimes at sea can vary depending on the specific circumstances, the location of the ship, the nationalities of the victims and perpetrators, and the nature of the crime. Coordination and cooperation between these entities are crucial to ensuring a thorough investigation and effective resolution.

Prosecution: The flag state, base country, port state, and special maritime laws may come into play during prosecution. Extradition may also be negotiated

The prosecution of crimes committed on cruise ships can be a complex matter, as multiple countries may have jurisdiction over the case. When a crime occurs on a Royal Caribbean cruise ship, the flag state, base country, port state, and special maritime laws may come into play.

The flag state, or the country where the ship is registered, typically has jurisdiction over administrative issues like safety, maintenance, and labour issues. For Royal Caribbean, the flag state is likely to be the Bahamas, Panama, or Malta, as these are the flag states for the majority of cruise ships frequenting Miami. The flag state's criminal code governs crimes that occur on ships flagged in that country, and in the case of very serious crimes like homicide, these may be automatically considered under that country's laws, regardless of the nationality of the victim or suspect.

The base country, or the country where the cruise line's corporate headquarters are located, may also claim jurisdiction. Royal Caribbean is based in Miami, so the US would have an interest in investigating and prosecuting crimes that occur on its ships.

If a crime occurs while the ship is docked at a port, the port state, or the country where the port is located, has jurisdiction. Additionally, some countries claim jurisdiction over all crimes committed in their territorial waters, which can extend their authority over foreign-flagged ships docked in their ports.

In the case of crimes occurring in international waters, special maritime laws may come into play. These laws allow any country to prosecute if the evidence supports it. Florida, for example, has codified a specific statute that defines the state's "special maritime criminal jurisdiction" over certain crimes that occur on cruise ships, even in international waters. This statute was enacted due to the high number of cruise ships frequenting Florida ports and gives Florida the authority to prosecute crimes that occur on these ships if the victim or defendant is a Florida resident, if the ship's master or flag state relinquishes custody of a suspect to Florida law enforcement, or if most passengers embarked in Florida, among other criteria.

Finally, extradition may also be negotiated to bring a foreign suspect to the prosecuting country for trial. This could involve the receiving country negotiating with either the suspect's home country or the cruise line's base country for their extradition.

US Jurisdiction: Crimes against US nationals, crimes in US waters, crimes on US company ships, and suspects who are American citizens can lead to jurisdiction in US courts

Crimes committed on cruise ships can be legally complex, as multiple countries may have an interest in exerting authority. The laws that apply depend on several factors, including the ship's flag state, the base country of the cruise line, the ship's location, and the citizenship of the parties involved.

In the case of Royal Caribbean, the US has jurisdiction in certain situations as the company is based in Miami. This means that crimes against US nationals, crimes in US waters, crimes on US company ships, and suspects who are American citizens can lead to jurisdiction in US courts.

Firstly, if a crime is committed against a US national, the FBI can investigate and courts can prosecute, regardless of the ship's location at the time. This is due to the FBI's broad extraterritorial jurisdiction over American citizens.

Secondly, if a ship is docked at or travelling within three nautical miles of the US coast, US courts have jurisdiction over any crimes committed. This includes crimes that occur in US territorial waters, as well as on the high seas or in foreign waters if the victim or perpetrator is a US national.

Thirdly, as Royal Caribbean is a US company, its ships are subject to US laws, and US courts can prosecute crimes that occur on board. This is an example of the base country of the cruise line exerting jurisdiction.

Finally, if the suspect is a US citizen, they may be prosecuted upon returning to the US, even for crimes committed abroad, under extraterritorial jurisdiction. The US may also negotiate the extradition of American citizen suspects from another country for prosecution in the US.

FBI Involvement: The FBI has a cruise ship crime unit and frequently gets involved in major crime investigations at sea

The FBI has a dedicated cruise ship crime unit that frequently gets involved in major crime investigations at sea. The FBI's role in investigating crimes against American citizens traveling on cruise ships is significant, as it addresses piracy and serious criminal acts of violence. The FBI is committed to working with its partners to investigate and prosecute crimes on the high seas.

The FBI's jurisdiction over crimes committed on cruise ships depends on several factors, including the location of the vessel, the nationality of the perpetrator or victim, the ownership of the vessel, the points of embarkation and debarkation, and the country in which the vessel is flagged. The FBI traditionally focuses its investigative efforts on specified serious crimes, such as assault, murder, kidnapping, sexual abuse, robbery, and theft, when these crimes are committed within the special maritime and territorial jurisdiction of the United States.

In the case of Royal Caribbean cruises, the company reports crime allegations to law enforcement so they can investigate and prosecute to the fullest extent of the law, regardless of the ship's location. Royal Caribbean is required by United States federal law to report onboard felonies and missing United States nationals to federal agencies, including the FBI. The FBI can assert criminal jurisdiction in these circumstances, and Royal Caribbean complies by reporting incidents such as homicide, suspicious death, kidnapping, assault, sexual assault, firing or tampering with the vessel, or theft of money or property in excess of $10,000.

The FBI's involvement in cruise ship crimes extends beyond investigations, as they also provide training to cruise line staff captains and security managers. This training covers crime-scene preservation, counterterrorism from a maritime perspective, and basic interviewing techniques. The FBI is committed to ensuring full reporting of crimes aboard cruise ships and facilitating a more effective first response to such crimes.

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