Article

Tiré à part

Vessels, aircraft and persons entitled to protection during armed conflicts at sea

Louise Doswald-Beck

• The British year book of international law, 1994, p. 211-301

English

The author offers an overview of the current state of international law regarding what vessels, aircraft, and individuals are protected at sea. In doing so, she refers to various nations’ military manuals, customary law, treaty law, and relevant jurisprudence. The author focuses on what and whom is exempt from attack or capture, what the conditions of such protections are, and how such vessels, aircraft, areas of the sea, and individuals are to be distinguished during conflict. The author compares this area of law to international law regulating other types of conflicts, such as those on land. After considering what vessels, aircraft, and individuals may be legally exempt from attack or capture, the author explores how these rules might play out in specific contexts and discusses examples such as the Iranian Airbus Incident. Ultimately, the author draws attention to the importance of finding practicable means of identifying protected vessels, aircraft, and individuals in the context of modern warfare. [Summary by students at the University of Toronto, Faculty of Law (IHRP)]