Impounding Argentine ship was within limits of international law

Foreign Affairs Minister, Mohammed Mumuni maintains that Ghana has acted within the limits of international law in impounding the Argentine War Ship.

Although Argentina has described the court order that empowers Ghana to continue to hold the Argentine ship until it has fully settled its debtors as a breach of international law, the Minister told e.tv Ghana news that “I believe that we have a good case and we’ve been talking to the Argentineans and all other interested parties and they appreciate our position.”

He also expressed his feelings regarding the kind of relationship that is likely to come out as a result of Ghana’s decision to uphold the rule of law in handling the matter.

He said, “I have no doubt about the fact that Argentina are quite angry about the turn of events and we as a nation are also embarrassed because it will hamper our diplomatic relations and intercourse with Argentina and perhaps even some of the other countries whose nationals were on board this vessel.”

Meanwhile, Executive Director of policy think tank, Imani Ghana has lauded the country’s stance describing it as a move that indicates Ghana’s commitment to upholding international rule of law.

Mr Franklin Cudjoe explained in another interview with e.tv Ghana that “This whole issue about the Libertad is a test case for international law really. Argentina incidentally has badly managed its economy because of populist ideas that didn’t work and what it meant was that they were owing all manner of people, companies and governments across the world. Now, all these people that Argentina owed decided to sell the debt to people who had time and the resource to go round and attach Argentine assets to the debts.”

“ Now that’s the phenomenon of vulture funds because what it means is that if somebody owes you and the person is not willing to pay you and you are probably tired of chasing the money, just sell it to people who are willing to chase the money. It is a very essential principal in international commerce that says if you owe, you pay,” he further explained.

Mr Franklin Cudjoe noted that because Ghana believes in the rule of law, it is sticking to that principle of the international commerce law.

He further stated that, “Ghana should actually be applauded and we should not even think of the idea of having problems with Argentina.”

The ARA Libertad, Argentine’s navy signature sailing ship carrying 326 uniformed personnel, was impounded at the Tema port was detained on Oct 2 in Ghana's eastern Tema port after a court order in Accra.

Ghana, acted on a claim of a group of private investors suing Argentina for $370 million dollars in bond debts dating back to 2001.

In all of these, the Argentines have raised two levels of immunity against the legal process. A ruling was to be made by the commercial court on the case but has been adjourned till November 1, 2012.

On Wednesday, about three hundred sailors on the impounded “Libertad” were airlifted on a chartered Air France flight in Accra to Buenos Aires. The ship's captain and a skeleton crew have been left behind, to maintain the Libertad at the Tema Port.