The use of force in the course of maritime law enforcement operations

Abstract

ABSTRACT Naval forces are increasingly involved in law enforcement operations. The level of coercion as well as the means/methods that may be legitimately used by warships in the course of police-type interventions differ substantially from the ones that may be administered in conflict-type engagements. In this respect, this article seeks to clarify the scope and contents of international law principles and rules applicable to the use of force in maritime law enforcement operations, and show how they may be applied in the current naval practice. The analysis is focused on how the criteria of unavoidability, reasonableness and necessity, as developed by the International Tribunal for the Law of the Sea, are to be interpreted according to, and complemented by, the principles and rules contained in international human rights law instruments and in the related case law (with a specific focus on the European Court of Human Rights’ case law).