CHAPTER

2
Merchant Ships
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James Kraska,
Raul Pedrozo

https://doi.org/10.1093/oso/9780197630181.003.0003
Pages
43–C2.P125
Published:
May 2022

Abstract
Flag states are responsible for ensuring that their merchant
ships and warships comply with the law of naval warfare. The
operation of civil shipping complicates the battle space and
confounds enemy planning by expanding the area of operational
maneuver. Distributing sensors and weapons on board
merchant ships can expand the layers of the “kill chain” in
defense and multiply strike options for offensive strikes. While
advanced warships are costly, merchant ships can be an
inexpensive force multiplier. Yet, belligerent merchant ships
may be subject to capture (and if they resist, attack), with some
exceptions, such as coastal fishing craft or those engaged in
coastal search and rescue. States have employed merchant
vessels as naval auxiliaries during armed conflicts, including the
world wars, the Vietnam War, the Falklands War, which may
make them subject to attack. China employs a vast maritime
militia in the service of the People’s Liberation Armed Forces.
Neutral merchant ships are exempt from capture and attack
unless they play a “direct part in hostilities.”

Keywords:
UNCLOS, flag state, naval warfare, LOAC, visit and
search, law of prize, maritime neutrality
Subject:
Public International Law

Disruptive Technology and the Law of Naval Warfare. James Kraska and Raul
Pedrozo, Oxford University Press. © James Kraska & Raul Pedrozo 2022. DOI:
 10.1093/oso/9780197630181.003.0003

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