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Maritime & transport law

The Law of Naval Warfare: Attacks on Merchant Ships

IHL, the San Remo Manual, UNCLOS and the Rome Statute: qualifying a strike on a ship as a war crime and aggression.

A monograph on how the law of naval warfare, the San Remo Manual, UNCLOS and the Rome Statute meet when a merchant ship is struck at sea — and how such a strike is qualified as a war crime and as aggression.

The Law of Naval Warfare: Attacks on Merchant Ships

The book addresses a single question and does not let it go: when a merchant ship is struck at sea, which legal regime governs the strike, and on what basis can the conduct be qualified as a war crime and as aggression?

Four bodies of law are read together rather than in isolation: the law of armed conflict at sea, the San Remo Manual, the United Nations Convention on the Law of the Sea, and the Rome Statute. The book follows how each of them treats the ship, the strike and the legal status of the vessel — and where they pull in different directions.

It is written for the practitioner who has to make the qualification, not for the reader who only has to understand it: the lawyer preparing an argument before an international or a national court, the in-house counsel assessing exposure, and the student who needs the sources in one place rather than in four.

Key Legal Factors B.V.

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