Greenpeace

Sailor-mongering in a U.S. Court

WHEN TWO GREENPEACE ACTIVISTS BOARDED THE APL JADE CARGO SHIP off the coast of Miami that they suspected of illegally importing mahogany, they knew they could be punished for their civil disobedience. They did not expect to find themselves and their organization charged with “sailor-mongering” under an 1872 federal statute that prevents the unauthorized boarding of ships “about to arrive at the place of destination.” The obscure law originally directed at brothel owners who would solicit arriving sailors with liquor and prostitutes, has been used only twice, first in 1872 and again in 1890.

In May 2002, the U.S. Attorney’s office of Miami sought to fine Greenpeace heavily, have its nonprofit status suspended, and subject its members to heavy government surveillance. The office refused to explain why it resorted to enforcing such a musty law, but the law is more expansive than more obvious choices, like trespassing or piracy, which can only be directed at individuals, not organizations. Lawyers for Greenpeace—along with supporters including former Vice President Al Gore—accused the Bush Administration of trying to stifle the group’s right to free speech.

A federal trial judge in Florida engaged in a literal interpretation of the law, taking its cue from Greenpeace, which brought a dictionary to court. Since the Greenpeace action took place 3.42 miles from the Miami-Dade port, the judge ruled, the APL Jade could not be said to be “about to arrive,” as the 1872 statute specifies. He dismissed the case, but cautioned Greenpeace that the law remained on the books and could be used again to prosecute the organization’s future protests on the high seas.

Greenpeace

Embracing mainstream international law, this section on greenpeace explores the context, history and effect of the area of the law covered here.

Resources

Further Reading

• The entry “greenpeace” in the Parry and Grant Encyclopaedic Dictionary of International Law (currently, the Encyclopaedic Dictionary of International Law, 2009), Oxford University Press