Unwarranted attention or a prelude to a strategic shift? Who should be paying attention to what? To be brief, indeed very brief. The news was that a Russian cargo ship, Sparta IV (a name, a program, some might exclaim), had been sailing for a certain period of time (if you will), in a "pendulum" motion, in international waters, off the coast of Sardinia, before apparently resuming its course. Specifically, it had been sailing "pendulum-like," according to the reports, just a few miles (but still in international waters) from the Quirra military testing facility, a NATO (North Atlantic Treaty Organization) testing center, as well as from the Decimomannu air base, used by the U.S. Air Force. Well, to be direct. Since, and it is no secret to anyone, Sardinia has a strategically privileged location in the Mediterranean, then, one could almost say as a consequence, the danger arising from the Russian presence off the Sardinian coast would have presented itself in all its importance.

The attention may have been drawn by the need to identify the reasons behind the observed change of course, and this certainly seems understandable. But, concretely, given that the reported vessel was in international waters, that is, outside the area of jurisdiction, what scope could Italy have had for intervention, so to speak? First of all, because, beyond any possible practical consideration, there would be, as indeed there is, the obligation to observe the principle of innocent passage of foreign vessels, including Russian ones, which remains permitted as long as it does not result in actions that could pose a threat/danger to the security or even the organization of the coastal state concerned. Furthermore, because the United Nations Convention on the Law of the Sea (Article 19 of the so-called UNCLOS), signed in Montego Bay way back in 1982, is extremely clear on this specific issue. Finally, because, beyond the territorial limits of full jurisdiction, i.e. where the Russian cargo ship appears to have been located, Italy would not have been entitled to detain (if the expression is permitted) and/or inspect a vessel flying a foreign flag simply because its navigation might appear anomalous (in this case "pendulum-like") or because it came from a foreign power, such as Vladimir Putin's Russia, considered politically sensitive.

Put differently, given that the vessel was a Russian vessel in international waters, only surveillance could have been undertaken (and so it appears to have been), and it appears to have been undertaken. Put differently, all states can exercise control over the waters adjacent to their coasts up to twelve miles, exactly as theorized at the time by the so-called "Truman Doctrine," according to which waters are differentiated (so to speak) based on the powers the relevant coastal state can exercise over them.

Thus, a distinction can be made, and is being made, between territorial sea, contiguous zone, continental shelf, exclusive economic zone, and international sea. At this stage, therefore, it would seem premature (a doubtful formulation is in order) to believe that a strategic shift in Russian operations could occur, although the overall situation created by ongoing conflicts is complex, especially when specific interests pertaining to both internal and external security as well as bilateral diplomatic relations are involved. This is especially true when considering that, over the past years, significant strategic partnerships and economic interdependencies have also existed between Russia itself and several European countries, including Italy. At this point, it would be important for the European Union to resume direct and constructive dialogue with Russia to reach a peaceful solution capable of restoring balance to the international order as a whole.

Giuseppina Di Salvatore – Lawyer, Nuoro

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