International Humanitarian Law Commons^™

An Exceptional Model At Sea: Functionalist Targeting And The Legal Vulnerability Of Maritime Civil Defense In Japan, Kentaro Furuya

International Law Studies

The intensifying security competition in East Asia, characterized by persistent territorial disputes and the potential for major regional contingencies, has placed the Japan Coast Guard (JCG) at a strategic crossroads. The 2023 Control Guideline, which outlines the JCG’s role during armed attacks, has further heightened interest in the agency’s legal status. This article examines the critical gap between Japan’s domestic legal framework and the international law of naval warfare, specifically addressing how the potential classification of JCG assets as military objectives undermines the safety of maritime civil defense operations.

While the Japanese government firmly maintains the JCG’s status as a …

International Law Situations: Humanitarian Corridors, Raul (Pete) Pedrozo

International Law Studies

This Situation examines the use of humanitarian corridors during an international armed conflict. While humanitarian corridors are not defined in international law, they have been used both on land and at sea to evacuate non-combatants, allow for the provision of humanitarian relief supplies, and provide for the safe passage of neutral shipping in areas of ongoing conflict.

International Law Situations: Economic Warfare At Sea, Raul (Pete) Pedrozo

International Law Studies

This Situation examines what measures belligerents may take against enemy and neutral merchant ships at sea during an international armed conflict. Operation Epic Fury serves as the backdrop to demonstrate the applicability of economic warfare during international armed conflict at sea. Iranian-flagged and Guyanese-flagged vessels are operating in service of the Iranian economy and war effort. These ships may be captured as part of U.S. economic warfare against Iran.

Technology-Based Challenges To The Law Applicable To Trade Interdiction During Armed Conflict At Sea: The Law Of Naval Warfare And Convoy Operations, Rob Mclaughlin

International Law Studies

The practice of convoy involves the concentration of a group of merchant vessels under the control and direction of warships and military aircraft for the purpose of protecting it from belligerent capture or attack. The practice has often been described as obsolete, but asserting the demise of the convoy has been as regular as it has been premature. It is fitting that this operational practice be subject to an updated legal treatment and identification of new legal challenges. This article seeks to reassess the law applicable to convoys based on the consequences of certain post-1945 technological developments. It notes that …

Ai And Naval Operations, Wolff Heintschel Von Heinegg

International Law Studies

Artificial intelligence systems in naval operations are reality. They enhance naval capabilities in various respects. Autonomous surface and underwater vehicles depend on such systems. Moreover, these systems contribute to threat detection and identification, to real-time strategy optimization, and to intelligence analysis. The present article provides a brief analysis of the legality of AI systems used by naval forces under the law of naval warfare, which, in many respects, differs considerably from the law of land warfare. Accordingly, it is necessary to distinguish between attacks from the sea against targets on land and attacks against targets at sea and in the …

Artificial Intelligence And Autonomous Systems In Warfighting At Sea, Nicholas Kadlec

International Law Studies

Much of the debate surrounding the military use of artificial intelligence (AI) tends to focus on lethal autonomous weapons systems. Those are systems that, once activated, can select and engage targets without further human intervention; sometimes pejoratively called “killer robots.” Moreover, debates often focus on their use and risks in land warfare. This land-warfare focus tends to invoke questions about the systems’ ability to distinguish between combatants and civilians on urban battlefields and the potential for mistakes. Legal debates about the lawfulness of AI and lethal autonomous weapons systems in warfare similarly tend to focus on land warfare and thus …

Newport Manual On The Law Of Naval Warfare, Second Edition, Newport Manual Expert Group

International Law Studies

The Newport Manual on the Law of Naval Warfare, Second Edition, is a continuing effort to restate the law of naval warfare as a purely lex lata exercise. Like the first edition of 2023, it is designed to provide a practical guide for commanders and seafarers, lawyers and officials, and educators and students. In doing so, the Manual includes developments in warfighting technologies in recent decades, which have significantly influenced the nature of war at sea. This second edition has been edited by four of the original authors following an extensive review and revision process.

The Obligation Of “Due Regard” In The Eez During Armed Conflict At Sea, James Kraska

International Law Studies

This article explores the rights of belligerent warships and military aircraft to engage in hostile operations within a neutral coastal State’s exclusive economic zone (EEZ) during armed conflict. It argues that peacetime rules of due regard for coastal State sovereign rights and jurisdiction do not constrain these operations. The United Nations Convention on the Law of the Sea (UNCLOS) established the peacetime obligation of due regard in the EEZ. By 1984, the EEZ had become customary international law binding on all States. The San Remo Manual on International Law Applicable to Armed Conflict at Sea suggests belligerent naval forces owe …

Sunk In Battle, But The War Is Not Over: Who Owns The Moskva?, Caroline Tuckett

International Law Studies

The study of underwater cultural heritage, and that of sunken warships, has typically focused on the legal protections that surround a site in the years, or often centuries, after the sinking. The Russia-Ukraine conflict has given cause to study the topic in a more modern context. Several Russian Naval vessels have been sunk by Ukraine, the most famous being the Black Sea flagship, the Moskva, in April 2022. Following the sinking, Ukraine stated the Moskva was now a heritage site, with a Ukrainian Defence Minister joking that the wreck was simply “one more diving spot.”

This article will examine …

Chapter 12: Deception During Armed Conflict

International Law Studies

The Commander’s Handbook on the Law of Naval Operations is used in the United States and throughout the world as a restatement of U.S. doctrinal law positions on matters affecting the operations of the U.S. Navy, the U.S. Marine Corps, and the U.S. Coast Guard. Judge advocates and legal advisers have occasion to conduct deeper research to identify the context and source of the rules reflected in the Commander’s Handbook. Responding to this need, an Annotated Supplement to The Commander’s Handbook was produced in 1997 and published as volume 73 of International Law Studies. In the intervening decades, …

Chapter 11: Treatment Of Detained Persons

International Law Studies

The Commander’s Handbook on the Law of Naval Operations is used in the United States and throughout the world as a restatement of U.S. doctrinal law positions on matters affecting the operations of the U.S. Navy, the U.S. Marine Corps, and the U.S. Coast Guard. Judge advocates and legal advisers have occasion to conduct deeper research to identify the context and source of the rules reflected in the Commander’s Handbook. Responding to this need, an Annotated Supplement to The Commander’s Handbook was produced in 1997 and published as volume 73 of International Law Studies. In the intervening decades, …

Awakening The Law Of Contraband In The Russia-Ukraine Conflict, Martin Fink

International Law Studies

Following the collapse of the Black Sea Grain Initiative, both Russia and Ukraine announced measures against shipping that may have introduced counter-contraband operations into the maritime dimension of the Russia-Ukraine conflict. The law of contraband, which is at the heart of the law of naval warfare, regulates such operations. The law of contraband has, however, not been often used in current conflicts and some of its details are not crystalized as generally accepted law. Awakening this instrument in the current conflict brings questions for both belligerents and non-State parties, some of whom have adopted a position of qualified neutrality that …

The Newport Manual On The Law Of Naval Warfare, James Kraska, Raul "Pete" Pedrozo, David Letts, Wolff Heintschel Von Heinegg, Rob Mclaughlin, James Farrant, Yurika Ishii, Gurpreet S. Khurana, Koki Sato

International Law Studies

This first edition of the Newport Manual has been superseded by the Newport Manual on the Law of Naval Warfare, Second Edition, published as Volume 105 (2025) of International Law Studies.

Russia-Ukraine Conflict: The War At Sea, Raul (Pete) Pedrozo

International Law Studies

Although much has been written about the Russia-Ukraine conflict, most writings have focused on land warfare. This article explores the conflict at sea and a host of legal issues arising from that aspect of the conflict. The article begins with a discussion of a series of events at sea that preceded the Russian invasion in 2022, including the Kerch Strait incidents and interference with freedom of navigation in the Black Sea. It then discusses multiple post-invasion legal issues involving the war at sea, including access to the Black Sea, maritime exclusion zones, naval mines, naval bombardment, unmanned maritime systems, targeting …

Neutral State Access To Ukraine’S Food Exports, James Kraska

International Law Studies

This article originally appeared in Articles of War, the online publication of the Lieber Institute at the U.S. Military Academy, May 18, 2022, https://lieber.westpoint.edu/neutral-state-access-ukraines-food-exports/.

The Attack On The Vasily Bekh And Targeting Logistics Ships, James Kraska

International Law Studies

This article originally appeared in Articles of War, the online publication of the Lieber Institute at the U.S. Military Academy, July 11, 2022, https://lieber.westpoint.edu/attack-vasily-bekh-targeting-logistics-ships/.

Booty, Bounty, Blockade, And Prize: Time To Reevaluate The Law, Andrew Clapham

International Law Studies

This article considers the so-called belligerent rights of States in times of war. In particular it focuses on booty of war, blockade, and the capture of merchant ships and their cargo. It is suggested that, while the rules may not often be applied today, they nevertheless continue to exert a certain influence, contributing to confusion about the boundaries of the legitimate use of force and a blurring of the distinction between military objectives and civilian objects.

Considering that the UN Charter has outlawed the use of force, the article also questions why such rules concerning capture should continue to have …

China’S Container Missile Deployments Could Violate The Law Of Naval Warfare, Raul (Pete) Pedrozo

International Law Studies

China is reportedly developing long-range cruise missiles that can be fired from standard shipping containers loaded on merchant vessels. China is also converting heavy-lift civilian ships and roll-on roll-off (RORO) ferries to serve as de facto amphibious assault ships to support People’s Liberation Army (PLA) amphibious operations. While none of these activities are illegal per se, they do raise potential concerns under the law of naval warfare. Only warships can engage in offensive belligerent rights during an international armed conflict. Using merchant vessels to engage in belligerent rights would violate international law unless China first converts the vessels into warships …

Legal Advisers In The Field During Armed Conflict, Yoram Dinstein

International Law Studies

Additional Protocol I to the Geneva Conventions of 1949 requires that legal advisers be made available to military commanders, particularly during hostilities. This treaty stipulation was quite innovative in 1977, but it has achieved widespread implementation, even among non-Contracting Parties. It is noteworthy that the United States—which objects to numerous provisions of Additional Protocol I—does not dissent from the article requiring legal advisers. A study of the practice of States, made by the International Committee of the Red Cross, confirms that the norm requiring that legal advisers be made available to advise military commanders in time of armed conflict currently …

Professor Howard S. Levie: In Memoriam, Yoram Dinstein

International Law Studies

Professor Howard S. Levie: In Memoriam

Legal Reviews Of War Algorithms, Tobias Vestner, Altea Rossi

International Law Studies

States and scholars recognize legal reviews of weapons, means or methods of warfare as an essential tool to ensure the legality of military applications of artificial intelligence (AI). Yet, are existing practices fit for this task? This article identifies necessary adaptations to current practices. For AI-enabled systems that are used in relation to targeting, legal reviews need to assess the systems’ compliance with additional rules of international law, in particular targeting law under international humanitarian law (IHL). This article discusses the procedural ramifications thereof. The article further finds that AI systems’ predictability problem needs to be addressed by the technical …

Ukraine V. The Russian Federation: Navigating Conflict Over Sovereignty Under Unclos, NilüFer Oral

International Law Studies

Following Russia’s annexation of Crimea in 2014, or according to Russia, its accession following a referendum, Ukraine brought several international cases against the Russian Federation, including two cases under Annex VII of UNCLOS: The Dispute Concerning Coastal State Rights in the Black Sea, Sea of Azov, and Kerch Strait in 2016 and The Detention of Three Ukrainian Naval Vessels in 2019. At the center of these disputes is the conflict between Ukraine and Russia over sovereignty of Crimea. Russia contested jurisdiction in all cases invoking different exceptions under UNCLOS, including the argument that the dispute concerns sovereignty over Crimea and …

Encirclement, Deprivation, And Humanity: Revising The San Remo Manual Provisions On Blockade, Tom Dannenbaum

International Law Studies

Among the most pernicious trends in contemporary armed conflict is the return of mass starvation in war, in some cases as its primary source of human suffering. This has prompted a renewed focus on the relevant rules of international humanitarian law (IHL). On some issues, there is relative consensus. On the issue of deprivation by encirclement, however, there is confusion.

Some have questioned whether the prohibition on the starvation of civilians as a method of warfare applies to encirclements at all, particularly in the naval context. Others have interpreted the prohibition vanishingly narrowly. In contrast to the more extreme of …

The Legal Characterization Of Lethal Autonomous Maritime Systems: Warship, Torpedo, Or Naval Mine?, Hitoshi Nasu, David Letts

International Law Studies

With the rapid advances in autonomous navigation and artificial intelligence technology, naval industries are edging closer to the development of unmanned maritime platforms with lethal autonomous capability—lethal autonomous maritime systems (LAMS). The emergence of LAMS as a sui generis hybrid weapon system will almost certainly generate disagreement on their legal status. Currently, there is no agreement among States as to whether LAMS should legally be characterized as warships or other means of warfare, such as torpedoes and naval mines. This lack of certainty represents a significant deficiency with potential strategic and operational implications if left unresolved. To assist States in …

The Occupation Of Maritime Territory Under International Humanitarian Law, Marco Longobardo

International Law Studies

This article explores whether it is possible to apply the law of occupation beyond land territory, to maritime areas characterized here as “maritime territory.” The article argues that the definition of territory under Article 42 of the 1907 Hague Regulations comprises internal waters, territorial sea, and archipelagic waters, whereas other areas such as the continental shelf, the exclusive economic zone, and high seas fall outside the scope of Article 42. Accordingly, internal waters, the territorial sea, and archipelagic waters may be placed under occupation if a hostile force exercises actual authority over them without valid legal title. The article describes …

Can We Starve The Civilians? Exploring The Dichotomy Between The Traditional Law Of Maritime Blockade And Humanitarian Initiatives, Phillip J. Drew

International Law Studies

The contemporary practice of maritime blockade can trace its origins to the Dutch Placaat of 1564, under which the Dutch Navy enforced the closure of Spanish ports to maritime traffic, both inbound and outbound. Although originally designed to stop all military reinforcements from reaching an area, in the ensuing 450 years, blockade has developed into a method of warfare whose effects are primarily economic. As a result of the urbanization of much of the world’s population over the past 200 years, many States have become heavily reliant on imported foodstuffs and commodities, most of which moves by sea. When those …

Belligerent Obligations Under Article 18(1) Of The Second Geneva Convention: The Impact Of Sovereign Immunity, Booty Of War, And The Obligation To Respect And Protect War Graves, Wolff Heintschel Von Heinegg

International Law Studies

Article 18(1) of the Second Geneva Convention requires parties to an international armed conflict, “after each engagement” and “without delay,” to “take all possible measures to search for and collect the wounded and sick, to protect them against pillage and ill-treatment, to ensure their adequate care, and to search for the dead and prevent their being despoiled.” This article focuses on the latter obligation: the duty to search for and collect the dead. It assesses this obligation in light of the International Committee of the Red Cross 2017 Commentary on the Second Geneva Convention, the first such commentary completed by …

The Updated Icrc Commentary On The Second Geneva Convention: Demystifying The Law Of Armed Conflict At Sea, Bruno Demeyere, Jean-Marie Henckaerts, Heleen Hiemstra, Ellen Nohle

International Law Studies

Since their publication in the 1950s and 1980s respectively, the Commentaries on the Geneva Conventions of 1949 and their Additional Protocols of 1977 have become a major reference for the application and interpretation of those treaties. The International Committee of the Red Cross, together with a team of renowned experts, is currently updating these Commentaries in order to document developments and provide up-to-date interpretations of the treaty texts. Following a brief overview of the methodology and process of the update as well as a historical background to the Second Geneva Convention, this article addresses the scope of applicability of the …

Duty To Render Assistance To Mariners In Distress During Armed Conflict At Sea: A U.S. Perspective, Raul (Pete) Pedrozo

International Law Studies

In 2017, the International Committee of the Red Cross published an updated Commentary on the Second Geneva Convention. One question left unanswered by the new Commentary is the relationship between international humanitarian law and other international treaties applicable to the maritime domain, such as the U.N. Convention on the Law of the Sea (UNCLOS) and treaties adopted by the International Maritime Organization (IMO). The Second Geneva Convention establishes a legal framework for the humane treatment and protection of victims of armed conflict at sea—the wounded, sick and shipwrecked. There are circumstances, however, in which the belligerents do not have the …

Combat Losses Of Nuclear-Powered Warships: Contamination, Collateral Damage And The Law, Akira Mayama

International Law Studies

There have been non-combat losses of nuclear-powered warships during sea trials and peacetime patrol missions. Nuclear contamination is spreading from some of these sinking sites. It is also conceivable that combat losses of nuclear-powered warships could cause contamination of civilians, civilian objects and the natural environment. If such combat losses occur at sea, both belligerent and neutral States will have to deal with a difficult question: to what extent and by who can harm resulting from such contamination be compensated for payment of damages. This article examines legal issues stemming from prospective combat losses of nuclear-powered warships from the perspectives …