Abstract
This article examines the legality of attacks on merchant vessels during international armed conflicts, using reported Russian, Ukrainian, Iranian, and United States attacks between 2022 and 2026 as case studies. It evaluates belligerent rights to visit and search, divert, seize, disable, or, exceptionally, destroy merchant vessels under customary law. Drawing primarily on State practice, the study compares Russia’s blockade of Ukraine, Iran’s closure of the Strait of Hormuz, and the United States’ blockade of Iran. The emerging concept of a de facto blockade and its fusion with warning zones creates legal uncertainty and undermines humanitarian protection.
The legality of Iranian attacks on merchant vessels in 2026 is assessed based on distinction, necessity, and proportionality. The article then takes a detailed look at Ukraine’s targeting of Russia’s shadow fleet vessels and questions whether Ukraine has adopted the contested doctrine of war-sustaining objects. The Ukrainian and Russian attacks on merchant vessels are examined from the perspective of whether they qualify as military objectives due to convoy participation, resistance, intelligence support, troop transport, and armament. Finally, this article considers the protection of the marine environment in the context of the widespread attacks on tankers in the Black Sea and the Persian Gulf.
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