How and when do warships have the right to inspect merchant ships? | policy

Major General Mohamed Abdel Wahed, an expert in strategic and maritime affairs, explained that the 1982 United Nations Convention on the Law of the Sea is the basic reference that regulates ship interception operations, noting that stopping and inspecting a commercial ship by a military vessel is not absolute, but is subject to strict conditions.

Abdul Wahed’s statements came in response to the recent incident in which American forces boarded a commercial ship in the Arabian Sea on suspicion that it was heading towards besieged Iranian ports, before it was released after confirming its final destination.

Abdul Wahed stressed that the military vessel has the right to stop commercial ships on the high seas if there are “reasonable grounds” for suspicion of their involvement in illegal acts such as piracy, the slave trade, or if the ship is stateless. Also, in the event of an officially declared blockade, the forces in charge of the blockade have the right to inspect ships to ensure that they do not violate the rules of the blockade and to confiscate military and military contraband.

Abdul Wahed stressed that maritime law balances freedom of navigation with the security concerns of countries, but the seizure or total closure of international straits such as the Strait of Hormuz clashes with the principle of transit passage guaranteed by the 1982 agreement.

Major General Abdul Wahed pointed out that the inspection process goes through precise technical stages to ensure safety and legality. It begins with communicating with the ship via radio to request information about the identity, destination, and cargo. After that, a specialized team is sent via speed boats or helicopters, then checks the ship’s cargo and its registration papers, and inspects the holds and containers to ensure that the cargo conforms to the official papers.

Regarding what happens if the commercial ship rejects the instructions, Major General Abdul Wahed confirmed that the procedures gradually escalate, starting with issuing intense audio and light warnings, and in the event that the target ship does not respond to the warnings, the warning is by firing warning shots in the air or in front of the bow of the ship, but in the event of resistance, the warship has the right to use the minimum amount of force to impede the movement of the ship without sinking it.

Major General Abdul Wahed concluded his statements by emphasizing that a direct attack on ships that do not provide information is only carried out in cases of extreme necessity, or if it is proven that the ship poses a military threat, stressing that any violation of these rules may involve countries in complex international legal disputes before the International Tribunal for the Law of the Sea.