ABSTRACT

Armed conflicts often involve operations on, above, below, and from the sea. Indeed, naval warfare, and the accordant rights and obligations of neutrals, has historically been a special focus of international law. This is the result of two realities: first, international waters serve the vital interests of all nations of the world, interests that are not completely suspended when other nations engage in hostilities; second, while as a general rule international humanitarian law principles and rules developed for the regulation of land warfare also apply to naval warfare, the unique nature of naval warfare necessitated unique rules to regulate such warfare and mitigate humanitarian suffering. This chapter explores these rules and how international law seeks to balance the interests of parties to the conflict, neutral parties, and the wounded, sick, and shipwrecked at sea. The chapter also addresses specific rules related to the rights and obligations of neutral states and the international legal framework that balances the interests of belligerents and neutrals.