DAMAGES TO SUBMARINE CABLES AND PIPELINES IN TIME OF PEACE AND WAR: THE NORD STREAM SABOTAGE

Abstract

In late 2022, the Nord Stream sabotage put a spotlight on the vulnerability of submarine infrastructures like cables and pipelines and underscored the importance of protecting them against intentional damage. UNCLOS provisions are relevant in time of peace. However, legal design and state practice make them insufficient, yet the law of piracy could be a last recourse against private actors. Moreover, in time of war, like Russia’s invasion of Ukraine, states must resort to IHL, which protects infrastructures not exclusively serving neutral states. This work underscores the convergence of different disciplines of international law.