Liskow maritime attorney Ray Waid was recently interviewed by Fortune regarding the Trump administration’s efforts to explore the use of centuries-old prize law in connection with the potential seizure and sale of Iranian oil tankers and their cargo.
The article, “DOJ is turning to an ancient body of law to capture Iranian oil tankers. It’s been so long since the U.S. used it, ‘we’d have to conduct a séance,’” examines how prize law could provide the U.S. military with a legal framework for capturing enemy vessels during armed conflict. The article also explores the historical origins of prize law and the legal questions and challenges that could arise if the administration seeks to apply the framework in the current context.
Ray discussed the potential financial considerations associated with the approach, telling Fortune: “There’s definitely a financial interest in being able to sell the oil and being able to sell the vessel and then just put that money into the coffers of the United States, which is another thing that this administration has shown is a priority.”
Drawing on his experience as a naval officer and maritime lawyer, Ray also discussed potential questions surrounding congressional involvement. Because Congress has not declared war against Iran, he noted that pursuing this approach could raise legal questions and “could also push Congress into getting more involved in a dispute it has largely avoided so far.”
Read the full article here.