LEGAL STATUS OF WARSHIP WRECKS FROM WORLD WAR II IN INDONESIAN TERRITORIAL WATERS (INCIDENT OF H.M.A.S. PERTH COMMERCIAL SALVAGING)
Abstract: Second World War was
one of the most devastating experiences that World as a whole had to endure.
The war left so many issues unhandled, one such issue is the theme of this
thesis, and that is to analyze legal regime that is governing sunken warships. Status
of warship still
in service is
protected by international
law and national law
of flag State,
stipulating that warships
are entitled on
sovereign immunity. The question
rises whether or
not such sovereign
immunity status follows warship
wreck? Contemporary international
law regulates very
little considering ‘sovereign wrecks’, but customary international law,
municipal court decisions and State
practices are addressing
issue quite profoundly,
stating that even the warship is
no longer in service it is still entitled on sovereign immunity status. HMAS
Perth is Australian owned warship whose wreck current location is within
Indonesian Territorial Sea. Recent reports show that commercial salvaging has been
done, provoking outrage
amongst surviving HMAS
Perth’s naval personnel and
Australian historians. In order to acquire clear stand point on issue of Sovereign
Wrecks legal status, especially of HMAS Perth’s wreck, an in-depth analysis of
legal material is necessary.
Author: Senada Meskin
Journal Code: jphukumgg140025
