Criminal Law At Sea: Royal Caribbean's Legal Jurisdiction

When it comes to criminal law on Royal Caribbean cruise ships, the issue of jurisdiction comes into play. The laws that apply can vary depending on factors such as the ship's flag state, the location of the ship, and the citizenship of the parties involved. While Royal Caribbean is based in the US, the ships may be registered in other countries, such as Liberia, and travel through international waters. This complexity means that multiple countries may have an interest in exerting authority in the event of a crime. Additionally, maritime law, which governs people on the water, is notoriously complex and varies across nations, further complicating the legal landscape for cruise ships.

Jurisdiction

Ship's Flag State

The country where the ship is registered has jurisdiction over administrative issues, such as safety, maintenance, and labour issues. This is known as the ship's "flag state". For example, if a ship is registered in the Bahamas, then the Bahamas has jurisdiction over these administrative issues.

Cruise Line's Base Country

The country where the cruise line's corporate headquarters is located may claim jurisdiction to investigate crimes on its ships. Royal Caribbean is based in Miami, so the US would have an interest in asserting jurisdiction.

Ship's Location

If a crime occurs while the ship is docked at a port, the country where the port is located has jurisdiction. For example, if a crime is committed while the ship is docked in a US port, then US law applies. Crimes committed on the high seas, or international waters, typically fall under the flag state's jurisdiction.

Citizenship of Parties Involved

The nationality of the victim and accused can also determine jurisdiction, as countries have a specific interest in handling crimes when their citizens are involved.

Special Maritime Laws

Specialised maritime laws may also come into play, particularly if the crime occurred in international waters. These laws allow any country to prosecute if the evidence supports it.

Extradition

If a suspect is a foreign national, the country handling the case may need to negotiate their extradition from their home country or the cruise line's base country.

In practice, jurisdiction usually goes to the country with the strongest connection to the crime through the citizenship of the involved parties or the location of the ship. The courts in that country will then apply their own laws in the prosecution.

Reporting crimes

If you become aware of an injury, unsafe or possibly illegal behaviour during your cruise, it is important that you immediately report it to the ship's management. This can be done by calling the ship's emergency telephone number listed in the directory of services in your stateroom, or by calling or going to the Guest Services/Guest Relations Desk.

Royal Caribbean Cruises Ltd. is committed to preventing illegal activity and treats all allegations seriously. They report all allegations of crimes to law enforcement, regardless of the validity of the claim and the location of the ship. This includes reporting to law enforcement officials in the next port of call, as well as to the nation where their ships are flagged. They also report allegations of crime to the Federal Bureau of Investigation (FBI) and the United States Coast Guard (USCG), in compliance with United States laws.

According to United States federal law, on international voyages that embark or disembark in the United States, Royal Caribbean Cruises Ltd. is required to report onboard felonies and missing United States nationals to federal agencies. For a missing United States national and all serious felonies (homicide, suspicious death, kidnapping, assault with serious bodily injury, sexual assaults as defined by federal laws, firing or tampering with the vessel, or theft of money or property in excess of $10,000), the incident must be reported to the FBI by telephone as soon as possible, to the United States Department of Homeland Security electronically, and to the USCG in writing. These requirements apply to onboard incidents that occur while the ship is in United States territorial waters, or on the high seas or in foreign waters if the victim or perpetrator is a United States national.

In addition, Royal Caribbean Cruises Ltd. complies with the U.S. Cruise Vessel Security and Safety Act (CVSSA) requirements, including crime allegation reporting. Their own requirements generally exceed those specified within the CVSSA.

Once a crime is reported, jurisdiction will be determined based on several factors. These include the ship's flag state (the country where the ship is registered), the cruise line's base country, the ship's location, and the citizenship of the parties involved.

The flag state has primary authority to investigate crimes on ships flagged in their country. For example, if a crime occurs on a ship registered in Nassau, the Bahamas would take the lead in the investigation. If the ship is docked when the crime occurs, local police will likely board and conduct an initial investigation and evidence collection before transferring responsibility to another agency.

The FBI has broad extraterritorial jurisdiction over American citizens and can assert authority to investigate crimes against Americans aboard cruises anywhere. They often get involved in cruise ship crime investigations, especially if the victim is an American citizen. The US Coast Guard has law enforcement powers in maritime regions near US shores and may board ships docked at US ports if federal crimes are suspected.

Private ship security, or the internal security forces of cruise ships, will first respond to any crime reports on board and alert the proper authorities. Jurisdiction issues are usually worked out cooperatively between law enforcement agencies, with local police reaching out to federal and international counterparts to decide how to share responsibility.

Once an investigation determines suspects and gathers evidence, the next step is to determine where formal charges will be filed and which laws will be applied.

The flag state's criminal code generally governs aboard ships flagged in that country, especially for very serious crimes like homicide. The cruise line's base country may seek to prosecute under its own laws, especially if its citizens are involved as victims or accused. The port state's laws may also be applied if the crime occurs in a country's territorial waters, which extend up to 12 miles from its coastline.

If the crime occurred in international waters, specialised maritime laws may come into play, allowing any country to prosecute if the evidence supports it. To prosecute a foreign suspect, the receiving country may negotiate their extradition from their home country or the cruise line's base country.

In practice, jurisdiction usually goes to the country with the strongest connection to the crime through the citizenship of the involved parties or the location. Courts in that country will apply their own laws in prosecution.

Investigating crimes

Initial Response and Evidence Collection

When a crime is reported on a Royal Caribbean cruise ship, the ship's internal security forces are the first responders. They secure the scene, alert the relevant authorities, and may conduct an initial investigation and evidence collection. If the ship is docked, local police may board the ship and take the lead in the initial investigation.

Notification of Law Enforcement Authorities

Royal Caribbean is committed to reporting all allegations of crimes to law enforcement authorities, regardless of the validity of the claim. This includes notifying the Federal Bureau of Investigation (FBI), United States Coast Guard (USCG), and law enforcement officials in the next port of call and the nation where the ship is flagged.

Jurisdiction Determination

The jurisdiction for investigating and prosecuting the crime depends on several factors:

• Ship's Flag State: The country where the ship is registered has primary authority over administrative issues and crimes that occur in international waters. For example, if a Royal Caribbean ship is registered in Liberia, that country's criminal code would apply to crimes committed on the ship in international waters.
• Cruise Line's Base Country: The country where the cruise line is headquartered may claim jurisdiction, especially if its citizens are involved. Since Royal Caribbean is based in the United States, the US may have an interest in investigating and prosecuting crimes on its ships.
• Ship's Location: If the crime occurs while the ship is docked at a port, the country where the port is located has jurisdiction.
• Citizenship of Involved Parties: The nationality of the victim and accused can also determine jurisdiction, as countries have a specific interest in handling crimes involving their citizens.

Investigation and Prosecution

Once the jurisdiction is determined, the relevant law enforcement agency will take charge of the investigation, gathering evidence, and filing formal charges. This could be the FBI, USCG, local police, or the law enforcement authorities of the country where the ship is flagged. The specific laws of the country with jurisdiction will be applied in the prosecution of the case.

It's important to note that maritime law, which governs international waters, is complex and convoluted, with each country having its own version. This complexity can make investigating and prosecuting crimes on cruise ships challenging, and cases are often decided on a case-by-case basis.

Prosecution

When a crime is committed on a Royal Caribbean cruise ship, the prosecution process can vary depending on several factors, including the location of the ship, the nationality of the involved parties, and the nature of the crime. Here is an overview of the prosecution process:

Investigating Crimes on Royal Caribbean Ships

When a crime is reported on a Royal Caribbean ship, the initial response falls to the ship's internal security forces. They will alert the relevant authorities, who will then take charge of the investigation. The specific law enforcement agency involved depends on the circumstances:

• Flag State: The country where the ship is registered, known as the "flag state," has primary authority to investigate crimes on its ships. For example, if a ship is registered in the Bahamas, the Bahamian authorities would take the lead on the investigation.
• Port State: If the crime occurs while the ship is docked at a port, local police will likely board and conduct an initial investigation and evidence collection. They may later transfer responsibility to another agency.
• FBI: The FBI has broad jurisdiction over American citizens and can investigate crimes against Americans aboard cruises anywhere in the world. They often get involved in cruise ship crime investigations, especially if an American citizen is involved.
• 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 or if there are concerns about drug smuggling.

Jurisdiction and Applicable Laws

The jurisdiction and applicable laws in a cruise ship crime depend on multiple factors:

• Ship's Flag State: The country where the ship is registered has jurisdiction over administrative and safety issues. The criminal code of the flag state generally governs crimes aboard ships flying its flag, especially for serious crimes like homicide.
• Cruise Line's Base Country: The country where the cruise line is headquartered may claim jurisdiction, especially if its citizens are involved as victims or accused. For example, since Royal Caribbean is based in the US, US authorities may have an interest in prosecuting crimes on their ships.
• Ship's Location: If a crime occurs while the ship is docked at a port, the country where the port is located has jurisdiction, and its laws apply. For crimes in US ports, all US and local laws apply.
• Citizenship of Involved Parties: The nationality of the victim and accused can determine jurisdiction. Countries often have a specific interest in handling crimes when their citizens are involved.
• Special Maritime Laws: If the crime occurred in international waters, specialized maritime laws may apply. These laws allow any country with sufficient evidence to prosecute the crime.

Once an investigation determines suspects and gathers evidence, the next step is to file formal charges and initiate prosecution. The country with the strongest connection to the crime through citizenship or location will typically take the lead in prosecuting the case. For crimes involving American citizens or occurring in US waters, the FBI and US courts may have jurisdiction, and US laws will be applied.

In practice, the prosecution process can be complex and depend on the specific circumstances of each case. Jurisdiction may be negotiated between multiple countries, and extradition may be required to bring foreign suspects to the prosecuting country.

Onboard security

The safety and security of guests and crew is Royal Caribbean's highest priority. The company has an impressive marine safety record over its 42-year history, illustrating its commitment to the millions of guests and crew that sail on its ships. The measures taken for safety often exceed what is required by regulatory authorities, and the ships are designed and operated in compliance with the strict requirements of the International Maritime Organization.

At the beginning of every cruise, all guests and crew must complete a "muster" drill to ensure familiarity with safety procedures in the unlikely event of an emergency. Royal Caribbean's ships have sufficient lifesaving craft to accommodate every guest and crew member onboard, as well as additional capacity in reserve.

All Royal Caribbean ships are also in compliance with the U.S. Cruise Vessel Security and Safety Act (CVSSA) requirements, including railing heights, access control, closed-circuit TV, medical preparedness, crime allegation reporting, and crew training. The company's own requirements generally exceed those specified within the CVSSA.

In addition to internal audits, Royal Caribbean's ships are regularly inspected by Flag State authorities and other maritime safety regulatory bodies, such as the U.S. Coast Guard, from each country the ships visit. These examinations focus on life-saving equipment, safety, and environmental protection, and officials have the authority to prevent ships from sailing if they fail to adhere to regulations.

Royal Caribbean is committed to preventing illegal activity and treats all allegations seriously. The company reports all allegations of crimes to law enforcement, regardless of the validity of the claim. The Cruise Vessel Security and Safety Act of 2010 (CVSSA) mandates that cruise lines make a Security Guide available to guests and report statistics for cruise ship crime allegations to the US Government for public viewing.

Royal Caribbean's onboard security measures include prohibiting certain items and substances from being brought onto their ships. These prohibited items include illegal drugs, firearms, weapons, ammunition, explosives, and incendiary devices. Additionally, the company has a Guest Conduct Policy that sets behavioural standards to ensure a safe and enjoyable cruise experience for all guests.

Frequently asked questions