Piracy, Terrorism, Armed Conflict, or Armed Attack? The Protection of Merchant and Naval Vessels in the Red Sea
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Piracy, Terrorism, Armed Conflict, or Armed Attack? The Protection of Merchant and Naval Vessels in the Red Sea
German Yearbook of International Law, Vol. 67(2024), Iss. 1 : pp. 329–354 | First published online: July 28, 2025
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Prof. Dr. Magne Frostad, UiT The Arctic University of Norway, Faculty of Law N-9037 Tromsø, Norway
- Professor, Prodekan of the law faculty
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Abstract
Abstract: With the large-scale attacks on both naval and merchant vessels by the Yemeni Houthi rebels in 2023 and 2024, economic, environmental, and humanitarian consequences are readily identifiable. The question is what legal regimes apply to this non-State use of weapons, and this article considers some of the more central regimes of relevance. The article argues that probably none of the acts by the Houthis qualify as piracy, whereas their acts are covered by the 1988 Convention for the Suppression of Unlawful Acts Against the Safety of Maritime Navigation, and a case may potentially be made for some of the acts constituting war crimes. Also addressed is the flag State’s right to respond in self-defence.
I. Introduction
Table of Contents
| Section Title | Page | Action | Price |
|---|---|---|---|
| Magne Frostad\nPiracy, Terrorism, Armed Conflict, or Armed Attack? The Protection of Merchant and Naval Vessels in the Red Sea | 329 | ||
| I. Introduction | 329 | ||
| II. Yemen | 331 | ||
| III. Categorising the Attacks | 332 | ||
| A. Considering the Attacks on Merchant Vessels as Piracy | 332 | ||
| B. Considering the Attacks on Merchant Vessels as Terrorism or Similar Uses of Violence | 336 | ||
| C. Considering the Attacks on Merchant Vessels as a Continuation of the Non-International Armed Conflict in Yemen or as a Separate Non-International Armed Conflict | 339 | ||
| IV. Can States Respond with Use of Force in Defence of Merchant and Naval Vessels? | 342 | ||
| A. Identifying the Legal Source | 342 | ||
| B. Self-Defence: A Naval Vessel as the Object of Attack | 343 | ||
| C. Self-Defence: A Merchant Vessel as the Object of Attack | 346 | ||
| V. Conclusion | 354 |