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.”

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