The Incident
In a recent incident, the Mexican naval training ship Cuauhtémoc collided with New York’s iconic Brooklyn Bridge, resulting in the loss of its three masts. The accident claimed the lives of two cadets and left several others injured. This event occurred just a year and two months after the Baltimore’s Dali container ship accident, which had brought down one of Baltimore’s main bridges.
Background on the Cuauhtémoc and Dali Incidents
The Cuauhtémoc, built in 1981 at Astilleros Celaya in Bilbao, Spain, had set sail from Acapulco on April 6th for a 254-day global tour, visiting numerous countries. In contrast to the Dali, a commercial vessel, the Cuauhtémoc is a Mexican naval ship with educational and diplomatic purposes, participating in regattas and official visits.
Potential Causes
Investigations are ongoing, but two possible causes have emerged. First, human error might have played a role; specifically, insufficient calculation or verification by the captain or navigation officer regarding the bridge’s clearance. The Brooklyn Bridge has a freeboard of only 41.1 meters, while the Cuauhtémoc’s masts exceed 48 meters. This discrepancy could have led to the collision.
Secondly, there are speculations that the Cuauhtémoc might have experienced a power loss (similar to the Dali in Baltimore) just as it left New York Harbor. This could have left the vessel vulnerable to currents and northeasterly winds, pushing it towards the bridge.
Cuauhtémoc vs. Dali: Key Differences
A crucial distinction between these incidents is that the Cuauhtémoc is a military vessel, owned by Mexico’s Navy, whereas the Dali was a commercial ship. As a military asset, the Cuauhtémoc enjoys immunity from jurisdiction under customary international law, specifically the UN General Assembly Resolution 2625 (1970). This principle prevents one state from being tried by the courts of another state.
US Legislation Supporting Immunity
Although the US hasn’t ratified the United Nations Convention on the Law of the Sea (UNCLOS), its legislation supports this immunity. For instance, the Foreign Sovereign Immunities Act (FSIA) states that acts performed by foreign states in the exercise of sovereign functions, including military vessels or state-owned ships, fall outside the reach of US courts.
Historically, in 1812’s The Schooner Exchange v. McFaddon case, the US Supreme Court ruled that when a friendly nation’s warship enters US waters with authorization, it implies a tacit promise that the vessel won’t be subject to US laws.
Can the US Disregard Immunity in the Cuauhtémoc Case?
In practice, no. Doing so would set a dangerous legal and diplomatic precedent, jeopardizing the immunity of US warships in foreign ports. Thus, the US has a strong interest in preserving this mutual protection.
The US cannot pursue legal action against the Cuauhtémoc in its national courts, neither for criminal responsibility investigations nor damage claims. The Cuauhtémoc’s military status immunizes it from US jurisdiction.
The investigation will be conducted by Mexican authorities, likely by the Navy itself through an internal procedure under military jurisdiction. Only Mexico can determine if there were errors or negligence on the part of the ship’s command and what compensations are due to victims or for damages caused.
Material Damages
Regarding damages to the Brooklyn Bridge, the US cannot seek compensation judicially. The only avenue is diplomatic negotiation, as US courts cannot set amounts or impose payments on Mexico. Any potential compensation depends solely on Mexico’s willingness and the outcome of bilateral negotiations.
In essence, despite the accident occurring in the US, control of the case—and its consequences—remains with Mexican jurisdiction unless Mexico decides to subject the matter to arbitration or another agreed-upon mechanism.
Key Questions and Answers
- What is the Cuauhtémoc? The Cuauhtémoc is a Mexican naval training ship with educational and diplomatic purposes.
- Why is the Cuauhtémoc case different from the Dali case? The Cuauhtémoc is a military vessel, while the Dali was commercial. This distinction grants the Cuauhtémoc immunity from jurisdiction under international law.
- Can the US pursue legal action against Mexico for damages? No, due to the Cuauhtémoc’s military status and immunity under international law.
- Who will investigate the incident? The investigation will be conducted by Mexican authorities, likely under military jurisdiction.
- Can the US claim compensation for damages to the Brooklyn Bridge? No, as any potential compensation depends on Mexico’s willingness and bilateral negotiations.
