War Crimes Against Seafarers And Neutral Merchant Vessels Warrant Accountability

Six weeks, forty-seven days into the war between Russia and Ukraine, and the intensity of the conflict shows no chance of de-escalation. Seafarers remain in the firing line. The number of civilian deaths is rising exponentially day by day, as does incidents of indiscriminate attacks against civilians and civilian infrastructure.

Trapped in a warzone, over 1000 seafarers are stranded in the Black Sea and the Sea of Azov on board foreign-flagged vessels with low levels of provisions, lack of drinking water and medical supplies. As already reported, an estimated 100 foreign-flagged vessels are caught in the direct line of hostilities amidst an imposed Russian blockade and reported sea mines, with limited prospects for evacuation.

Since the war started, and from available information, a seafarer has died of a missile attack, Russian armed forces have reportedly targeted merchant ships, and this week, a foreign-flagged vessel sank after being heavily and indiscriminately attacked by a missile. This is only the information reported and verified to date. The true scale of the war’s impact on seafarers and shipping will only be measured once the conflict ends.

UKR-RUS Flags
Image Credits: humanrightsatsea.org

War crimes against seafarers and merchant vessels

The Dominica-flagged general cargo AZBURG with IMO number 9102899 was indiscriminately attacked, sank and completely destroyed while at berth in Mariupol, Ukraine, on the 3rd of April, according to the flag state authority. The crew was evacuated onto nearby vessels immediately, with one crew member requiring medical treatment.

Every day seafarers in Ukraine ports fear for their lives, physical security, and mental well-being. Attacks such as the one evidenced against the Bangladeshi bulk carrier Banglar Samriddhi (IMO 9793832) that killed the ship’s third engineer and the Dominica flagged Azburg violate the laws of war and constitute war crimes. There have been reports that at least three more merchant vessels have been attacked to date, including a Panamanian bulk carrier and a Moldovan flagged tanker.

War crimes are not only the indiscriminate attack against civilians but the indiscriminate attacks against civilian objects and civilian infrastructure. International law regulating the conduct of hostilities explicitly prohibits attacks against merchant vessels flying the flag of neutral to the war states. The merchant ships at anchorage in those besieged ports are civilian objects by nature, location, purpose and use, and they make no contribution to military action. Any attack against them, like shelling, is thus strictly prohibited. It is also extremely unlikely that there is any concrete or direct military advantage to be anticipated by such attacks on ships and the crew, at least in the two cases mentioned above, that would justify their attack under the principle of proportionality.

Importantly, international law regulates the seizure and capture of enemy merchant vessels at sea. There have been reports that the Russian navy seized and subsequently released two Ukrainian flagged merchant ships in early February while on route from Ukraine to Romania. Detaining and capturing enemy merchant ships might be permissible under international law, but the law requires that the private individuals who own the vessel receive compensation for the seizure and any destruction of property.

In the context of this wider humanitarian catastrophe in Ukraine, we call on the international community and competent institutions to take strong action towards accountability and help the Ukraine Prosecutor, the International Criminal Court Prosecutor and any other Prosecutor and Court mandated to hold war criminals to account in the collection of evidence. In doing so, war crimes committed against seafarers shall not be forgotten as these are civilian victims, too, with a right to obtain justice.

Reference: humanrightsatsea.org

Disclaimer :
The information contained in this website is for general information purposes only. While we endeavour to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services, or related graphics contained on the website for any purpose. Any reliance you place on such information is therefore strictly at your own risk.

In no event will we be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with, the use of this website.

Disclaimer :
The information contained in this website is for general information purposes only. While we endeavour to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services, or related graphics contained on the website for any purpose. Any reliance you place on such information is therefore strictly at your own risk.

Do you have info to share with us ? Suggest a correction

About Author

Marine Insight News Network is a premier source for up-to-date, comprehensive, and insightful coverage of the maritime industry. Dedicated to offering the latest news, trends, and analyses in shipping, marine technology, regulations, and global maritime affairs, Marine Insight News Network prides itself on delivering accurate, engaging, and relevant information.

About Author

Marine Insight News Network is a premier source for up-to-date, comprehensive, and insightful coverage of the maritime industry. Dedicated to offering the latest news, trends, and analyses in shipping, marine technology, regulations, and global maritime affairs, Marine Insight News Network prides itself on delivering accurate, engaging, and relevant information.

Article Footer Banner
Article Footer Banner

Web Stories

Subscribe To Our Newsletters

By subscribing, you agree to our Privacy Policy and may receive occasional deal communications; you can unsubscribe anytime.

Leave a Reply

Your email address will not be published. Required fields are marked *