This Comment examines the international legal implications of an insurgent warship operating on the high seas. The author specifically addresses the rights of insurgents to conduct maritime operations and the right of third States to deny use of the high seas to these insurgents. The author argues that these claims may be provided an adequate forum under the doctrine of distress, or force majeure. The author examines potential arguments that an insurgent warship is a private vessel, and is stateless, but concludes that an insurgent is neither. The author further concludes that an insurgent warship is not generally subject to lawful interference on the high seas by third States.
Grand R. Telfer,
Maritime Insurgency and the Law of the Sea: An Analysis Using the Doctrine of Distress,
San Diego L. Rev.
Available at: https://digital.sandiego.edu/sdlr/vol20/iss3/8