As the U.S. military on the 19th local time forcibly seized the large container ship "Touska" that was heading to a southern Iran port after breaking through the U.S. maritime blockade of Iran in the Gulf of Oman, some analysts say the Donald Trump administration could use the vessel as a "spoil" of the current war.

On the 19th (local time), a view from a U.S. Navy vessel of the seized Iranian merchant ship Touska/Courtesy of U.S. Central Command

On the 20th, CNN reported in an article titled "The Iran cargo ship seized by the U.S. could become a 'spoil'" that, citing experts, "once the inspection procedures for the Touska are completed, the vessel could become U.S. government property as a 'spoil.'"

Earlier, when the 275-meter-long Touska did not stop despite about six hours of warnings, the U.S. military disabled its propulsion with gunfire. The U.S. 31st Marine Expeditionary Unit then boarded and took control of the ship. This is the first time since the start of the maritime blockade operation against Iran that the United States has used live ammunition to seize a vessel.

Carl Schuster, a former U.S. Navy captain and analyst, said, "The Touska will be moved to an anchorage or port for inspection or valuation," adding, "The vessel could be treated as a 'spoil of war,' like combatants or materiel secured from the enemy during armed conflict."

However, for the vessel to be recognized as a spoil, it must be reviewed by a prize court. Jennifer Parker, a nonresident fellow at the Lowy Institute and a former Royal Australian Navy officer, told CNN, "Under the laws of naval warfare, a ship that attempted to break a blockade can be seized," but added, "to retain it long term, it must go through a prize court, and such a court must be established."

The fate of the ship's crew is expected to vary by nationality. If they are from third countries such as India or the Philippines, they are likely to be repatriated, but if they are Iranians or belong to the Islamic Revolutionary Guard Corps (IRGC), they could be detained as prisoners of war. Reuters reported that the Touska's crew includes an Iranian captain and some Iranian sailors, but it has not been confirmed whether all are Iranian nationals.

The Touska is a vessel belonging to the state-run Islamic Republic of Iran Shipping Lines (IRISL), and may have foreign crew aboard. According to Reuters, IRISL vessels are under the control of the Revolutionary Guard, and while crews are mainly Iranian, Pakistani sailors are sometimes hired.

The U.S. military is reportedly searching up to 5,000 containers loaded on the Touska. The New York Times (NYT), citing a senior U.S. official, reported, "The origin of the cargo on the ship has not yet been identified," adding, "U.S. intelligence detected information suggesting that after war broke out between the United States and Israel on Feb. 28, China may have sent weapons to Iran."

According to the NYT, the vessel was placed under U.S. Treasury sanctions in 2020. At the time, the Treasury determined that the Touska was linked to Iran's financial institutions and weapons programs. President Trump also said on social media the previous day that "the Touska is under sanctions for a history of illegal activities."

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