Merchant Ship SelfDefense and International Law

1
Merchant ShipSelf-Defense andInternational Law
2
International Law and Merchant Ships

• Recognizes only two states of existence
• Peace
• Declared War
• Situations of high tension and undeclared war are
  treated as peacetime for legal purposes

3
Internal Waters

• Those lt12nm from a sovereign nation subject to
  the laws of that nation
• Right of Innocent Passage
• The right for ships (Warships and Merchants) to
  transit internal waters of a nation on a
  continuous and quick voyage
• May stop and anchor if required by safe
  navigation
• Must not be disruptive to the peace or good order
  of the coastal nation, including
• NO firing weapons
• NO launching aircraft
• NO intelligence collection
• NO research and survey operations

4
International Waters

• International Waters are the waters outside of
  internal waters, including
• Exclusive Economic Zones (EEZ) 200nm
• Archipelagic Sea Lanes
• Right of Free Passage
• Ships are subject to the laws of their own
  countries and International Law

5
Peacetime

• International Rules of the Road
• International laws and agreements recognized by
  country of registry (e.g. SOLAS-Safety of Life at
  Sea agreement to which US and most other maritime
  nations are parties)
• Merchant ships in international waters are
  considered to be the sovereign territory of the
  country of registry any crime committed onboard
  that ship is subject to trial under the laws of
  the country of registry

6
Peacetime

• Merchant ships in the territorial waters of
  foreign countries are subject to the laws of the
  host nation
• Except in the case of Innocent Passage
• However, host nations customarily refrain from
  exercising jurisdiction over matter involving
  only the crew and not affecting public order or
  safety

7
Periods of Tension/Undeclared War

• Whether or not the US is directly involved, US
  flag vessels might be harassed by foreign
  military vessels
• Reason for harassment
• Collect intelligence
• Interfere with military exercises
• Provoke the US into an act of war
• Intimidate US shipping companies into suspending
  their operations in an area

8
Methods of Harassment

• Intentional collisions or near misses
• Restricting the right of free passage in
  international waters
• Restricting the right of Innocent Passage through
  territorial waters
• Firing at or near a merchant vessel
• Cutting fishing nets
• Boarding and seizing
• Taking prisoners/hostages

9
Actions to Counter Harassment

• Compliance with international law / Rules of the
  Road
• Notify national authority (State Department) ASAP
  and keep them informed of further developments
• Notify the harassing ship that you are in
  international water exercising your right of free
  or innocent passage
• If seizure appears probable, destroy all
  classified documents
• Keep a complete record of the incident including
  log entries, navigational plot and if possible
  photos and videos

10
Actions to Counter Harassment

• Unless naval control of shipping is in force,
  merchant ships remain under owners control and
  thus may take advice from US warships but are not
  required to follow their orders
• Since privately owned merchant ships are not
  armed in peacetime, it is not usually prudent to
  risk crew and cargo if the harassing vessel has
  demonstrated the intent to use force to prevent
  free passage (e.g. firing a warning shot across
  your bow)

11
Wartime

• Hague Conventions
• Govern the conduct of combat operations and are
  designed to prevent perfidious, indiscriminate or
  inhumane acts of violence that do not serve a
  legitimate military purpose
• Geneva Convention
• Governs the humane treatment of casualties,
  prisoners of war and civilian population

12
Wartime Conduct

• Hague Convention and Geneva Convention identify
  Merchant ships as non-combatants
• As a non-combatant, they maintain the right of
  self defense and may take any action to resist a
  clear attempt by an enemy to capture or sink it,
  but may not interfere with the passage of
  merchant/fishing vessels or any warships or
  aircraft that do not demonstrate hostile intent
• In deciding to resist, the master must accept the
  risks that may result from the use of force to
  overcome resistance

13
Wartime Conduct

• As non-combatants, may disguise the appearance of
  the ship to reduce the likelihood of
  identification by enemy forces, subject to the
  approval of national authority
• Legal deceptions include
• Use of false colors or changing name and registry
  marking to appear neutral (A ship must show its
  true color before going into action)
• Altering the appearance of the ship through the
  use of false superstructures, disguises,
  deceptive lighting, etc
• Concealing defensive armament

14
Wartime Conduct

• If a ship is outfitted with offensive weapons
  (e.g. anti-ship cruise missiles) or interferes
  with the passage of other vessels, it loses
  non-combatant status and may be treated as a
  warship
• It is illegal to misuse protective signs (e.g.
  the red cross signifying a hospital ship) or
  distress signals to deceive the enemy

15
Wartime Conduct

• Legal obligation of and toward a prize
• Surrender is normally signified by stopping the
  ship or hauling down colors. Once the ship
  surrenders, it becomes a prize
• It is illegal to open fire after signaling a
  surrender
• If the opportunity presents itself, the master
  may attempt escape, recapture or scuttling the
  ship.
• Civilian merchant marines are entitled to
  prisoner of war status under the Geneva
  Convention if captured in the line of duty

16
Geneva Convention Duties of POWs

• You are required to provide only four pieces of
  information to your captors
• Name
• Rank (License Position)
• Identification number (Z card or social security
  )
• Date of Birth
• It is your duty not to divulge any information
  that may jeopardize the safety or success of
  friendly military forces if it within your power
  to resist doing so.