Abstract
Incidents involving damage to undersea infrastructure illustrate the vulnerability of submarine cables and pipelines. While damage can occur accidentally in peacetime, recent incidents suggest cables and pipelines are being systematically targeted and that the resulting damage is not accidental or the result of poor seamanship. Most undersea infrastructure can also be attacked as a military objective in wartime. Peacetime adversaries or opposing belligerents during an armed conflict can easily damage undersea infrastructure to further their political, strategic, or wartime objectives. These incidents also highlight the inadequacy of coastal State authority under international law to take measures against foreign-flagged vessels intentionally damaging undersea infrastructure. This article discusses the right of States to lay submarine cables and pipelines at sea, as well as coastal State authority to protect underwater infrastructure. Given the limited authority of coastal States to arrest foreign flag vessels on the high seas, the article proposes a way forward for coastal States to protect underwater infrastructure beyond the territorial sea in peacetime. The article also reviews the status of submarine cables and pipelines during an international armed conflict, to include whether such infrastructure is a military objective or is exempt from attack and whether the law of neutrality applies.
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