The Arrest of Argentine Warship ‘ARA Libertad’: Revisiting International Law Governing Warships, Sovereign Immunity, and Naval Diplomatic Roles

The ARA Libertad Case (Argentina v. Ghana) is the first instance where the International Tribunal for the Law of the Sea (ITLOS), Hamburg, Germany considered the issue of the release of a warship which was detained in a foreign port contrary to the principles of sovereign immunity of warships. The Argentinian warship was detained based on a commercial case filed by an American hedge fund against Argentina in the Ghanaian Court. According to the Court, Argentina had waived sovereign immunity in respect of the claims of the bondholders and, therefore, the warship could be arrested for execution of a monetary claim. This article examines the ITLOS order at the backdrop of warship rights and duties under the International Law of the Sea.