Can neutral ships be lawfully attacked?

Published 28 June 2026 · india

The story so far Recently, the U.S. Navy carried out Hellfire missile strikes against three merchant tankers — Marivex, Settebello and Jalveer — all carrying

The story so far Recently, the U.S. Navy carried out Hellfire missile strikes against three merchant tankers — Marivex, Settebello and Jalveer — all carrying Indian seafarers. While Marivex and Jalveer escaped without casualties, three Indians aboard Settebello — the chief engineer, an engine fitter, and a deck cadet — were killed. Although U.S. President Donald Trump and Iranian President Masoud Pezeshkian signed an MoU on June 17, intended to end the conflict and reopen the Strait of Hormuz, this fragile peace has already been breached by fresh confrontations between U.S. and Iranian forces. Beyond these shifting geopolitical tides, the fundamental legal questions surrounding the attacks on neutral shipping and the accountability for civilian lives lost in these combat zones remain unresolved. What laws govern naval operations during armed conflict? The two primary bodies of law governing naval operations during an international armed conflict are the (1) “law of naval warfare” — a branch of law of armed conflict or International Humanitarian Law (IHL) — and the (2) “law of the sea”. The former regulates the conduct of hostilities at sea, including which vessels may be attacked and when merchant ships may be visited and searched, captured, destroyed after capture, or attacked, as well as the declaration and enforcement of ‘naval blockades’. The latter provides the maritime legal framework within which the rights and obligations of belligerent (warring states) and neutral parties operate, thereby shaping the geography of naval operations. The “law of the sea”, set out primarily in the United Nations Convention on the Law of the Sea (UNCLOS), often called the “Constitution of the Oceans”, defines maritime zones such as the territorial sea (up to 12 nautical miles), exclusive economic zones (EEZs) (up to 200 nautical miles), the high seas, and international straits. Although the U.S., Israel, Iran, and some neutral states are not parties to UNCLOS, its relevant provisions are widely regarded as customary international law binding on all states. Are neutral merchant vessels and civilians protected? The “law of naval warfare” does not confer unrestricted authority upon belligerents. Its operation is constrained by IHL, neutrality law, and the “law of the sea”. While ethical restraints on warfare have roots in ancient Greek, Roman, Indian, and Chinese civilisations, their modern legal expression lies in IHL, codified in the 1949 Geneva Conventions and supplemented by other treaties and customary international law. Designed to limit human suffering by regulating the ‘means’ and ‘methods’ of warfare, IHL protects the wounded, sick, prisoners of war, civilians and civilian objects, while restricting certain weapons and methods of combat.