Why in the News
In June 2026, attacks on merchant tankers near Oman raised questions about the legal protection of sailors and neutral ships. According to the official information of 11 June, three Indian sailors died in the missile attack of 10 June on the Palau-flagged MT Settebello. A legal explainer of 29 June drew attention to the protection such ships get during war and to its limits.
It is important to understand in which country a ship is registered, which country's citizens form its crew, and what the ship was doing at the time. These are separate facts. Merely having an Indian crew does not make a foreign-flagged ship an Indian ship.
Meaning of a Neutral Ship:
A merchant ship flying the flag of a state not taking part in a conflict can be understood here as a neutral merchant ship. Its ordinary work is carrying cargo or civilian passengers, not taking part in war.
Neutrality does not mean complete immunity from every action. Performing a military role for a belligerent party, or certain other specified activities, can change a ship's legal status. But merely being present at sea or trading is not in itself sufficient reason to attack.
Two Legal Frameworks Operate Together:
The law of the sea: Concerns maritime zones, navigation, and the rights and duties of states.
The law of naval warfare: Considers questions like who may be targeted during an armed conflict, what precautions must be observed, and on what conditions a ship may be searched or captured.
The right of maritime passage and the legality of an attack are not the same question. The rules protecting civilians do not end because a conflict occurs on a route.
What Is the San Remo Manual?
The 1994 San Remo Manual is an important compilation and explanatory reference of the rules applicable to armed conflict at sea. It was prepared by experts in international law and naval matters.
It is not in itself a binding international treaty. Its usefulness lies in explaining the relevant rules and principles in a systematic form. So in the exam, writing it as "a new treaty made by all countries" would be wrong. In any specific case, the applicable treaty, customary rules and facts are looked at separately.
Difference Between Civilian and Military Objectives:
Under Articles 40 and 41 of the Manual, attacks must be limited to military objectives. Generally, merchant ships are civilian objects, unless they become military objectives under the relevant rules.
The test of a military objective is not merely the size of a ship or the value of its cargo. The important test is whether the object, by its nature, location, purpose or use, makes an effective contribution to military action, and whether its destruction, capture or neutralisation offers a definite military advantage at that time.
When Can a Neutral Ship Lose Protection?
Article 67 of the Manual lists certain limited situations. These include engaging in belligerent activity on behalf of the enemy, acting in an auxiliary capacity to its armed forces, or participation in an intelligence arrangement.
For the categories of carrying war-useful contraband or breaching a blockade, merely citing suspicion is not enough. The relevant sub-clauses attach conditions like reasonable grounds, prior warning, and then a deliberate, clear refusal to stop or resistance to search or capture. Each category has its own conditions; these should not be turned into a general "attack on suspicion" rule.
Warning and Civilian Protection:
Article 68 makes clear that any attack on such ships also remains subject to the basic rules and precautions. So an allegation that a condition of protection has been broken is not an open permission to ignore civilian harm.
Those planning an attack should gather available information to identify the target, take measures to reduce civilian harm, and weigh the expected harm against the concrete and direct military advantage. If the expected civilian harm would be excessive, the attack should not be carried out or should be stopped.
Search, Capture and Attack Are Different:
Stopping and searching a ship, capturing it, and attacking it are different actions. The fulfilment of the conditions of one action does not mean the conditions of another are automatically fulfilled.
Article 146 discusses capturing a neutral merchant ship outside neutral waters in certain situations. These include contraband cargo, direct enemy control, and breach of blockade. Judicial determination also has a role in this process. It should not be understood as a general right to sink a ship without examination.
Conditions of a Blockade:
A naval blockade is not complete merely by a state declaring an area closed. The Manual has conditions like its declaration and notification, effective enforcement, and impartial application to the ships of all states. Barring access to the ports and coasts of neutral states is also prohibited.
The Manual also does not accept a blockade whose sole purpose is to starve the civilian population or deny it objects essential for survival, or one expected to cause excessive civilian harm compared to the military advantage. The complete legality of a particular blockade or use of force will have to be decided by looking at other applicable international law along with these rules.
Is Carrying Oil a Sufficient Reason?
Oil can have military use, but every oil tanker does not by itself become a military objective. Where the cargo is going, what its use is, what the ship's role is, and which legal test applies: these questions are essential.
A state's allegation that a tanker was helping its adversary remains an allegation until the relevant evidence is examined. In the June incident too, this article does not treat any side's claim as a final judicial conclusion.
Significance for India:
Indian sailors work on ships flying the flags of other countries. So India's concern goes beyond a ship's registration to the safety of its citizens, their rescue, repatriation and assistance to their families.
In an impartial examination of the facts, questions like the basis of the attack, warnings, the crew's condition and less harmful options will matter. The need for employment does not diminish the rules protecting civilian life. Safe navigation and sailors' welfare must be viewed together with trade and energy security.
Mains Practice:
Question: Which legal distinctions are essential to understand for the protection of neutral merchant ships and civilian sailors during an armed conflict? (150 words, 10 marks)
Introduction: Maritime conflict affects trade routes and civilian sailors. The existence of war does not end the protection of civilian life and objects.
Main Body: A ship's flag and the crew's nationality can be different. A neutral merchant ship is generally a civilian object, but its actual military role and specified activities can change its legal status. Search, capture and attack are subject to different tests. An allegation of contraband or blockade-running does not by itself permit unlimited force. Target identification, applicable conditions of warning, precaution and avoidance of excessive civilian harm are important. The San Remo Manual is a useful reference, not a binding treaty in itself.
Conclusion: India should stress impartial examination of incidents, compliance with rules and fixing of responsibility, along with the rescue and repatriation of its sailors.
Sources and Limitations
- Official release of the Ministry of Ports, Shipping and Waterways of 11 June 2026: Palau flag, 24 Indian crew members, 10 June missile attack, three deaths and rescue (read): https://www.pib.gov.in/PressReleasePage.aspx?PRID=2271901&lang=1®=3
- Original text of the San Remo Manual: relevant Articles 27-33, 38-46, 67-69, 93-103 (sections read): https://international-review.icrc.org/sites/default/files/S0020860400087258a.pdf
- ICRC Casebook: the law of naval warfare and the Manual's non-binding status (read): https://casebook.icrc.org/law/naval-warfare
- ICRC database: Articles 146-152 - capture versus attack, limits of neutral waters, prize determination (sections read): https://ihl-databases.icrc.org/en/ihl-treaties/san-remo-manual-1994/article-146-152?activeTab=
- The Hindu's legal explainer of 29 June 2026 (read): https://www.thehindu.com/news/international/can-neutral-ships-be-lawfully-attacked/article71157722.ece
- BBC's report of 12 June 2026: CENTCOM's claims and the operator's denial of warning (read): https://www.bbc.com/news/articles/cy73dr081p8o
- Limitations: This article gives no final judicial determination on the legality of any attack. The San Remo Manual is not a binding treaty in itself, but an important non-binding reference. Not every provision of UNCLOS has been held to be customary law; no claim of automatic diplomatic protection is made. The date of the attack is 10 June per the government release of 11 June; an independent article gives 9 June, and no average of the two has been taken. No side's claim is treated as proven; no claim of updated sailor numbers is made.
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