Οι νομομαθείς ας διαβάσουν το παρακάτω απόσπασμα (in English) της Σύμβασης των Ηνωμένων Εθνών για το Θαλάσσιο Δίκαιο (UNCLOS) για την "αβλαβή διέλευση" (innocent passage) και ας μας δώσουν τα φώτα τους. Πάντως, το στενό του Καφηρέα και η περιοχή της Τζιας είναι γνωστό διεθνές πέρασμα πλοίων. Το ότι η τούρκικη φρεγάτα (που σύμφωνα με δημοσιεύματα βόλταρε χθες 14/1 στην πιο πάνω περιοχή) φαινόταν, λέει, από το σπίτι του πρωθυπουργού - ε, δεν λέει και τίποτα. (Κι εγώ από το οικογενειακό εξοχικό που είναι "ακριβώς απέναντι" έχω δει πλοία και πλοία, συμπεριλ. πολεμικών, να διέρχονται.) Το ουσιαστικό ερώτημα είναι αν το συγκεκριμένο περιστατικό (αν επίσημα επιβεβαιώνεται...) εντάσσεται στα συνήθη "παιχνιδάκια" ή ξεφεύγει απ' αυτά.
SECTION 3. INNOCENT PASSAGE IN THE TERRITORIAL SEA
Subsection A. Rules Applicable to All Ships
Article 17. Right of innocent passage
Subject to this Convention, ships of all States, whether coastal or land-locked, enjoy the right of innocent passage through the territorial sea.
Article 18. Meaning of passage
1. Passage means navigation through the territorial sea for the purpose of:
(a) traversing that sea without entering internal waters or calling at a roadstead or port facility outside internal waters; or
(b) proceeding to or from internal waters or a call at such roadstead or port facility.
2. Passage shall be continuous and expeditious. However, passage includes stopping and anchoring, but only in so far as the same are incidental to ordinary navigation or are rendered necessary by force majeure or distress or for the purpose of rendering assistance to persons, ships or aircraft in danger or distress.
Article 19. Meaning of innocent passage
1. Passage is innocent so long as it is not prejudicial to the peace, good order or security of the coastal State. Such passage shall take place in conformity with this Convention and with other rules of international law.
2. Passage of a foreign ship shall be considered to be prejudicial to the peace, good order or security of the coastal State if in the territorial sea it engages in any of the following activities:
(a) any threat or use of force against the sovereignty, territorial integrity or political independence of the coastal State, or in any other manner in violation of the principles of international law embodied in the Charter of the United Nations;
(b) any exercise or practice with weapons of any kind;
(c) any act aimed at collecting information to the prejudice of the defence or security of the coastal State;
(d) any act of propaganda aimed at affecting the defence or security of the coastal State;
(e) the launching, landing or taking on board of any aircraft;
(f) the launching, landing or taking on board of any military device;
(g) the loading or unloading of any commodity, currency or person contrary to the customs, fiscal, immigration or sanitary laws and regulations of the coastal State
(h) any act of wilful and serious pollution contrary to this Convention;
(i) any fishing activities
(j) the carrying out of research or survey activities
(k) any act aimed at interfering with any systems of communication or any other facilities or installations of the coastal State;
(l) any other activity not having a direct bearing on passage.
Article 20. Submarines and other underwater vehicles
In the territorial sea, submarines and other underwater vehicles are required to navigate on the surface and to show their flag.
Article 24. Duties of the coastal State
1. The coastal State shall not hamper the innocent passage of foreign ships through the territorial sea except in accordance with this Convention. In particular, in the application of this Convention or of any laws or regulations adopted in conformity with this Convention, the coastal State shall not:
(a) impose requirements on foreign ships which have the practical effect of denying or impairing the right of innocent passage; or
(b) discriminate in form or in fact against the ships of any State or against ships carrying cargoes to, from or on behalf of any State.
2. The coastal State shall give appropriate publicity to any danger to navigation, of which it has knowledge, within its territorial sea.
Article 25. Rights of protection of the coastal State
1. The coastal State may take the necessary steps in its territorial sea to prevent passage which is not innocent.
2. In the case of ships proceeding to internal waters or a call at a port facility outside internal waters, the coastal State also has the right to take the necessary steps to prevent any breach of the conditions to which admission of those ships to internal waters or such a call is subject.
3. The coastal State may, without discrimination in form or in fact among foreign ships, suspend temporarily in specified areas of its territorial sea the innocent passage of foreign ships if such suspension is essential for the protection of its security, including weapons exercises. Such suspension shall take effect only after having been duly published.
Article 26. Charges which may be levied upon foreign ships
1. No charge may be levied upon foreign ships by reason only of their passage through the territorial sea.
2. Charges may be levied upon a foreign ship passing through the territorial sea as payment only for specific services rendered to the ship. These charges shall be levied without discrimination.
Subsection C. Rules Applicable to Warships and Other Government Ships Operated for Non-Commercial Purposes
Article 29. Definition of warships
For the purpose of this Convention, 'warship' means a ship belonging to the armed forces of a State bearing the external marks distinguishing such ships of its nationality, under the command of an officer duly commissioned by the government of the State and whose name appears in the appropriate service list or its equivalent, and manned by a crew which is under regular armed forces discipline.
Article 30. Non-compliance by warships with the laws and regulations of the coastal State
If any warship does not comply with the laws and regulations of the coastal State concerning passage through the territorial sea and disregards any request for compliance therewith which is made to it, the coastal State may require it to leave the territorial sea immediately.
Article 31. Responsibility of the flag State for damage caused by a warship or other government ship operated for non-commercial purposes
The flag State shall bear international responsibility for any loss or damage to the coastal State resulting from the non-compliance by a warship or other government ship operated for non-commercial purposes with the laws and regulations of the coastal State concerning passage through the territorial sea or with the provisions of this Convention or other rules of international law.
Article 32. Immunities of warships and other government ships operated for non-commercial purposes
With such exceptions as are contained in subsection A and in articles 30 and 31, nothing in this Convention affects the immunities of warships and other government ships operated for non-commercial purposes.