Viking Funerals at Sea: Legal Guidelines and Traditions in the Ocean

Understanding Viking Funerals

Traditional Viking funerals were solemn events, marked by elaborate ritual and ceremony intended to guarantee safe passage to the afterlife. A Viking funeral, whether a land-based burial or a sea burial, would often include a number of symbolic elements intended to help the deceased journey comfortably into the next life, and be reunited with the gods in Valhalla. In its original context, a Viking funeral was organized according to the individual’s status. Those with wealth and importance were buried in barrows or "howes," large mounds built to hold the departed. The burial would begin with the preparation of the body, generally through cremation. The ashes, along with weapons and other belongings, would be placed inside a ship—the Viking’s final vessel—and buried in the howe. Stones, mounds of earth , or wooden slabs would cover the mound, marking the grave. If circumstances made a barrow burial impractical, a Viking funeral could also take place at sea. A Viking longship would be used as the funeral boat, enabling the corpse to be disposed of upon the water as easily as on land. As with a land burial, the body was burned before deposition. The vessel itself was often outfitted with ornamental carvings, and decorated with a fitting tribute that would accompany the deceased on his journey to Valhalla. The funeral, whether land or sea-based, was a time of great emotion, but also celebration. The dead were believed to be ferrying to afterlife, and the funeral following was a joyful event for the living. Pasts were celebrated and acknowledged, and the now-dead were welcomed by those who had preceded him to Valhalla.

Legal Guidelines for International Waters

The concept of international waters is fairly simple to grasp: the areas of the ocean and seas that are not within the boundaries of any nation’s borders. Essentially, all water bodies other than those that are considered internal waters of a country are deemed to be international waters.
In practice, there are a number of other water bodies that, depending upon the country, can be variously classified as international, internal, or partially internal waters. For example, the Gulf of Mexico is generally considered to be international waters, but since it is partially bordered by the United States and other countries, the United States claims 12 nautical miles as a territorial sea and an additional 1769 miles of contiguous zone. The Great Lakes are generally classified as partially internal waters and partially international waters.
Unlike land areas that are in immediate dispute between country boundaries, international waters are pretty much considered to be the "Wild West," where each country’s laws do not apply, but instead a very basic legal framework is applied under the principles of the United Nations Convention on the Law of the Sea. This framework allows ships vessels laws enacted and enforced by the country whose flag the ship is flying to be applicable to the activities on ships on those international waters. Maritime law generally specifies six "zones" in international waters, each with slightly different rights and responsibilities for nations.

Are Viking Funerals at Sea Allowed?

The interest in traditional Viking funerals at sea has grown so much over the past 10 years that it has become a question that I am asked with increasing regularity: "Are viking funerals permissible at sea?"
Burials at sea are permissible in U.S. waters as are cremation ash scatters; however, the procedures to follow and a host of federal regulations have to be satisfied. Subject to some exceptions (in the U.S., it is agencies of the United Nations) maritime burial law is primarily governed by the Maritime Administrative Act of 1925, 46 U.S. Code § 4441-44, which allows for the bodies of certain people to be disposed of via maritime burial as well as permits the Secretary of State to prescribe regulations and make arrangements in connection with the burial of members of the armed forces who die outside the territorial limits of the United States. In some regards that act is superceded by the Treaty regarding Disposition of Bodies at Sea. The Treaty regarding Disposition of Bodies at Sea, as entered into on June 7, 1906, pertains to not only the U.S. but the entire world encompassing all maritime nations. The Treaty regarding Disposition of Bodies at Sea went into force on June 20, 1913 and forms an integral part of international customary law. The Treaty regards the carcasses and/or remains of human beings and animals and establishes the following conditions for maritime burial: " 1. There shall be no public or private maritime burial (this would apply to vikings on board privately owned vessels as well). 2. The carcasses or remains of the dead person shall be placed in a hermetically sealed casket. In each case, mention shall be made on the casket, in words and symbols visible from without, of the kind of material with which the casket is made. 3. The casket shall consist of two parts. 4. The casket shall be moored or weighted so that it will not rise on the sea until permanently broken up. 5. The humanly constructed materials used to confine the bodily remains shall be disposed of upon or under the maritime surface and shall be subject to decomposition by natural causes. 6. The carcasses and/or remains of human beings, before being used for exhibition, shall not be cleaned or treated in any manner whatsoever, except as necessary to prepare them for the action of natural causes; they shall not be preserved, either temporarily or permanently, by means of artificial substances. 7. Civil and military authorities, in granting permission for burial at sea, shall require the observance of the above-mentioned rules, in accordance with the laws of their countries or of the rules of international conventions. Military authorities may also require the performance of religious ceremonies." If you are a funeral director or funeral home owner and are approached by a family with a request for a maritime burial you must comply with the foregoing laws and rules and submarine the proposed disposition of the deceased’s carcass to the formalities. No exception exists under the laws or rules of the International Maritime Organization which govern this area.

Environmental Impact and Safety Protocols

Legal parameters concerning the location and manner in which a body may be disposed of are not limited to the United States. Easy accessibility to the high seas and frontier of international waters has led to their popularity among environmentalists and advocates for the disposal of human remains in a manner they deem more appropriate than burial and traditional cremation. The United Nations Convention on the Law of the Sea 1982 protects the oceans and seas of the world and regulates the activities of coastal states. It also contains provisions regulating the dumping of wastes, including human remains. Article 207 of the Convention directs states to assess the effectiveness of laws applied to pollution and to enforce them uniformly. Article 213 prohibits dumping of hazardous wastes. The dumping of human remains is prohibited due to the possibility of their contamination of waters. Article 236 provides an exception for less developed countries from complying with its regulations if such compliance creates a financial hardship. Objectionable dumping of human remains is to be confined to areas beyond the territorial sea for parties to the Convention. The Convention also provides numerous guidelines for the assessment of the types of waste produced and the disposal of such wastes based on the level of threat to the marine environment. Predisposal efforts include recycling and reuse as ways to minimize environmental harm and include the replacement of non-recyclable materials with recyclable ones, such as newspaper instead of polyvinyl chloride plastic. Restriction is placed on the incineration of non-hazardous wastes on vessels, and disposal of materials treated with side effects is prohibited. Human rights advocates also weigh in on the debate about the disposal of human remains. In Japan , opposition to Viking funerals at sea from local fishermen has been successful in blocking their continued practice. Many locals object to exploding bodies contaminating the ocean and leaving an unpleasant smell. Practices they deem objectionable, or violations of human rights, include dropping bodies from the cliff in the Islands of Tokashiki as part of the water burial tradition. The practice of disposal of human remains in the ocean is thought to have originated in Japan in the 7th century Monzetsu traditions. Given the ancient practice, some locals object to the ban on ocean burials while others are in favor. Kirkland, Washington, a suburb of Seattle, and Des Moines, Washington, a Seattle suburb, prohibit Viking funerals at sea. Similarly, the City of Seattle’s Municipal Code regulates the disposal of human remains to graves, mausoleums, crypts and columbariums. In contrast, the State of Nevada Secretary of State endorses Viking funerals at sea and its Marine Division maintains a list of licensed, approved vessels for Viking services. There appears to be no definitive empirical research on the environmental impact of burial practices on land versus that of Viking funerals at sea. Many assume Viking funerals at sea are less destructive to the environment than traditional burial practices, but Vikings do destroy the body to prepare it so the remains do not present a threat to other marine life. The disposal of human remains carefully regulated may, in fact, minimize injuries to, or destruction of, marine life and its habitat. The gutting of a fish, for example, causes short-term increases in the population of microorganisms, but the majority wipes out after the waste is removed. Hearings on the issue, however, continue to be dominated by questions of human rights and natural resource enforcement, rather than the economic conservation expected.

Alternate Options and Modern Practices

As traditional burial practices decline and modern environmental regulations become more stringent, the concept of a Viking funeral—complete with the aesthetic of a body set aflame—remains a deeply desirable option for many. However, with a push for sustainable funeral practices, new alternatives have arisen. At the forefront of these modern adaptations is the environmentally-friendly water cremation process known as resomation—an accelerated process that seeks to break down the corpse in the same way as would occur in a burial in soil—and natural aquamation, a similar practice that uses liquid in place of soil. While these options are not yet widely available, they offer curious and environmentally safe alternatives.
In addition to the eco-friendly aquamation and resomation, distributed in the form of a fine ash and available at cost-effective prices and with short-to-no waiting periods, new biodegradable options are also becoming available. If you’re seeking a Viking funeral experience minus the risk of a hazardous fire, Horatio Funeral Products offers a product called Biodegraded Coffins. These coffins, which are made of versatile biocomposite naturally-sourced materials, are designed for jazz funerals, green burials, body donation and modern aquamation practices. Equally loyal to eco-friendly practices and deep-rooted traditions of love and celebration with a sense of style, Horatio Funeral Products is committed to providing bereaved families with a personal undertaking experience that respects the earth as well as local customs.
Should you seek Viking funerals at sea, the Danish firm Ecoffins also offers products designed specifically for this purpose. Like the coffins from Horatio Funeral Products, Ecoffins’ DanCube coffins are constructed of organic and sustainably sourced materials. Ecoffins also offers a company-created bio-ceramic, known as silicon carbide, for product use at sea. In each of its products, Ecoffins aims to provide environmentally responsible and culturally sensitive products that contribute to a more sustainable world.
Ultimately, in addition to water-based funerals and biodegradable coffins, there are many environmentally friendly ways to conduct a Viking funeral on land, such as an in-ground cremation. As the practice of cremation becomes increasingly common and modern worldviews emphasize sustainability, the traditional Vikings funerals of old are continuing to evolve.

Expert Insights and Precedents

Danish maritime law specialist, Peter Paulsen, who has first-hand experience with a Viking funeral at sea, offered his opinion as part of this study. He stated that under Danish law, all deaths are subject to an official burial permit prior to interment and that no permit is granted for burials at sea within Danish territorial waters. "We have had two cases regarding Vikings funerals with Danish citizens," he said. One involved a gravestone and ashes, where travel to the Island of Vigur, in Icelandic waters, was made and no legally binding action was taken against the family. The second involved the head and heart of a deceased Danish author transported to Norway [the land of the Vikings] and "dropped" in the water in the Oslo fjord. No legal actions were reported at that time.
Canadian legal authority on funerals, Cremation Association of North America president and CEO, Jeffrey J. Buckles , stated that most countries and U.S. States require burial permits. In Canada at the national level, "no law prevents burial at sea in international waters," but there are laws as to how and where human remains can be buried or disposed of after death.
Professor of Law at the University of North Dakota, Eric E. Johnson, described the legality of a Viking funeral in international waters, in a 2010 paper titled "Maritime Craziness: Lawless Law and Amorality on the High Seas." He argued that such a burial falls into a gray area of expected behavior addressing whether such a burial would be deemed an "anomalous act" or if it is a violation of state-created legal order for this purpose. Whether it would be law enforcement on board the ship or with the nearest coastal jurisdiction, the burden of legal demonstration would be handled "based on maritime customary law," he said.