“Ghost Battleships” of the Pacific: Metal Pirates, WWII Heritage, and Environmental Protection

Abstract

The recovery of historic, sunken military vessels raises several legal issues, including those of ownership, state immunity, environmental protection and the in situ preservation of underwater cultural heritage. In recent times, the remains of World War II (WWII) warships have increasingly vanished from the Pacific seafloor causing a serious dilemma in underwater heritage preservation and environmental protection. The illicit removal of the wrecks illustrates the jurisdictional difficulties maritime powers face in preventing unauthorised interference with their sunken military property. It is alleged that the remnants of American, Australian, British, Dutch and Japanese warships have largely been the victim of ‘metal pirates’. This paper highlights the threat posed to sunken WWII ships from metal pirates, who, unlike traditional treasure hunters, have specifically targeted ships’ fixtures and fittings, bronze propellers and metal hulls, and in some cases, even unexploded ordnance. Besides the impact on heritage conservation and integrity, the actions of metal pirates are posing a significant threat to the marine environment, particularly given that many WWII wrecks to this day still contain considerable quantities of oil, ammunition, and unexploded. The illicit salvaging of WWII wrecks has the potential to cause the release of oil and toxic chemicals into the surrounding marine water resulting in the contamination of fishing grounds, therefore threatening the wider environmental security of the Asia–Pacific region. Indeed, as the legacy of the Pacific conflict is represented by the number of warships that rest on the seafloor, there is the potential for serious environmental harm occurring unless states cooperate with one another to prevent piracy and related maritime crime. Many WWII wrecks are historically significant, such as the USS Indianapolis, sunk in 1945 after delivering components of the atomic bombs to Tinian; while others, such as Australia’s HMAS Perth, serve as war graves to their crew. As such, this paper considers the challenges states face in protecting sunken battleships from criminal syndicates who prey on the remnants of war.