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| The ARA Libertad is being manned by a skeleton crew in the port of Tema |
The UN
International Tribunal for the Law of the Sea, based in Germany, ruled that the
ARA Libertad had immunity because it was a military vessel.
The ship
has been held in the port of Tema since October when a local court ruled in
favour of a financial fund.
The fund
says it is owed $370m (£233m) by the Argentine government as a result of its
debt default a decade ago.
A skeleton
crew has stayed on board the three-masted training ship since about 300
personnel and naval cadets flew home in October.
The
tribunal in Hamburg ordered that Ghana should "forthwith and
unconditionally release the frigate ARA Libertad" and ensure the ship and
its crew can leave Ghanaian waters.
It set a
deadline of 22 December for the ship to have left the port.
Tribunal
president Shunji Yanai ordered that the vessel should be resupplied if needed.
The court
said that holding the ship was "a source of conflict that may endanger
friendly relations among states".
Last month,
sailors on board the Libertad reportedly drew guns on Ghanaian officials after
they tried to board the vessel to move it to another berth.
Immunity
'violated'
An agent
for the Ghanaian government who was at the court said after the ruling that it
would "carefully consider the tribunal's order with a view to ensuring
that it is given effect."
Financial
fund NML Capital has so far not commented on the ruling.
NML is a
subsidiary of US hedge fund Elliot Capital Management, which is one of
Argentina's former creditors.
Argentina
had argued that the seizure violated the immunity of military vessels under
international maritime law.
In 2001 and
2002, Argentina defaulted on more than $100bn of debt. Most of these loans were
subsequently restructured, giving creditors about 30% of their money back.
However,
some creditors including Elliot chose to hold out, pursuing the Argentine
government through the courts.
Related Articles:
Seized Argentina navy ship Libertad leaves Ghana
Argentina takes ship dispute with Ghana to UN court
Seized Argentina navy ship Libertad leaves Ghana
Argentina takes ship dispute with Ghana to UN court
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| Among the loans underwritten by the Export Credits Guarantee Department was one for £35m to Robert Mugabe's Zimbabwe for the purchase of five of BAE Systems' Hawk fighter jets. Photograph: PA |
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| Former Indonesian president General Suharto. Britain lent the country more than £630m at a time when Suharto was stifling demonstrations. Photograph: AP |
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