The Right of Visit of Foreign-Flagged Vessels on the High Seas in Non-international Armed Conflict

This chapter presents three theories on the use of the right of visit during non-international armed conflicts. The belligerent right of visit and search, which is part of the laws of naval warfare, applies only in international armed conflict. Current conflicts are, however, more often non-international in character. Viewed within this context, the non-existence of a right of visit during a non-international armed conflict may present itself as a legal gap in the operational need for States to board foreign-flagged vessels. The three theories could serve as a departure for discussion whether there may be sufficient legal grounds to apply the right of visit in a non-international armed conflict.