Article

Litigating lighting : shining a light on gaps in the legal regime and accountability for the law of armed conflict at sea

Brennan Lee

• Minnesota journal of international law, Vol. 30, issue 2, 2021, p. 359-393

English

Source : https://minnjil.org/article/deceptive-lighting-shining-a-light-on-gaps-in-the-legal-regime-and-accountability-for-the-law-of-armed-conflict-at-sea/ (last accessed on 02.02.2022)

In Part I, this paper explores the background of the rules governing the lighting of ships, attempts to define deceptive lighting, and explains the current rules governing ruses and perfidy in the maritime domain. Part II assesses the implications of criminalizing the act of deceptive lighting and discusses the broader implications of the categorical criminalization of deceptive lighting. This section also concludes that prosecution of deceptive lighting is unlikely in part as a result of the conflicting legal regimes, and that such an act could only meet the definition of a war crime in very particularized scenarios. The paper ultimately concludes that while nonbinding manuals have assisted in the development of the law of armed conflict (LOAC) in non-standard domains, these regimes are governed by particularized scenarios, rules, and histories that require specific treaty provisions to articulate discernable LOAC rules in these environments.

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