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288 Days in Detention, and the Highest Award ITLOS Has Ever Made

🕑 5 min read words Career-guides

Nine Months in Detention Before the Crew Went Home

On 12 August 2022, the M/T Heroic Idun was intercepted by the Republic of Equatorial Guinea's navy in the Exclusive Economic Zone of São Tomé and Príncipe, detained until 11 November 2022, then escorted out and transferred to Nigerian authorities. In total, the crew endured more than nine months — 288 days — in detention before their eventual release.

What ITLOS Decided

On 27 May 2026, a Special Chamber of the International Tribunal for the Law of the Sea ruled unanimously in favour of the Marshall Islands. The interception and detention breached fundamental principles of international law under UNCLOS — freedom of navigation and exclusive flag State jurisdiction. The Chamber decisively rejected Equatorial Guinea's argument that its actions were justified under UNCLOS's piracy-repression exception. The award: €2,000,132 covering the fine imposed on the master, plus more than $12 million in damages, including $5.9 million for loss of hire and just under $4.2 million for non-material damage suffered by the crew — the highest award ITLOS has ever made. Gard, which covered the vessel for P&I, FD&D, and H&M risks, provided financial and other support to the legal action.

Why This Matters Beyond One Case

  • It's a strong, recent precedent affirming flag state jurisdiction and freedom of navigation against a coastal state's unilateral interception and detention
  • The non-material damage award — nearly $4.2 million specifically for what the crew suffered — signals that crew welfare during a wrongful detention now carries real, quantified legal weight
  • The scale of the award, and how decisively the piracy-exception defence was rejected, raises the stakes for any coastal state considering similar action

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