Article

Methods and means of naval warfare in non-international armed conflicts

Wolff Heintschel von Heinegg

• International law studies, Vol. 88, 2012, p. 211-236

English

Article également publié dans: Israel Yearbook on Human Rights, vol. 42, 2012

The focus of the present article is on the question of whether, and to what extent, the parties to a non-international armed conflict are entitled to exercise belligerent rights under the law of naval warfare. The first part gives a short overview of nations' practice involving the use of methods and means of naval warfare during non-international armed conflicts. The second part addresses the question of a geographical limitation of the hostilities. The third part deals with the conduct of hostilities and the fourth part discusses measures taken by the parties to the conflict that interfere with the shipping and/or aviation of other States. It will be shown that the law of naval warfare can be applied to non-international armed conflicts, albeit partly modified, between the parties to the conflict. If, however, the parties interfere with the shipping and/or aviation of other States beyond the outer limit of the State party's territorial sea or contiguous zone, an additional legal basis for the measures in question must be found.

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• International law studies
• International law studies [Vol. 88, 2012]