Human Rights Watch (HRW) on July 16 criticized attacks launched by Yemen's Houthi rebels on two commercial cargo ships in the Red Sea between July 6 and July 9. HRW characterized the attacks as violations of the laws of war amounting to war crimes and called for their immediate cessation. "It is critical for concerned governments to recognize war crimes, regardless of which party is responsible," said Niku Jafarnia, Yemen researcher at HRW. "The Houthis should end all attacks on ships not taking part in the conflict and immediately release the crew members in their custody."

Houthi naval forces targeted and sunk the MV Magic Seas and MV Eternity C in the Red Sea, killing and injuring several crew members. The Houthis have since held in detention six rescued crew members.

The 1994 San Remo Manual on International Law Applicable to Armed Conflicts at Sea, widely accepted as a reflection of customary international law regarding the conduct of war, provides a strict limitation on attacks on maritime objectives.

HRW argued that there was no evidence that either ship constituted a legitimate military target under the laws of armed conflict. The San Remo Manual's Article 41 limits attacks to military objectives and clarifies that merchant vessels are generally considered civilian objects. Article 67 forbids attacks on merchant vessels flying the flag of neutral states to a conflict unless they "made an effective contribution to the enemy's military action." Examples may include engaging in belligerent acts, carrying troops or military materials, or presenting an immediate threat to the attacking vessel. Article 166 forbids passengers on board neutral vessels from being made into prisoners of war unless they are members of the enemy's armed forces or have personally committed an act of hostility against the captor.

MV Magic Seas, a Greek-operated and Liberian-flagged bulk carrier, was carrying fertilizer and steel billets from China to Turkey. A passing merchant vessel rescued 22 crew members who had abandoned ship. MV Eternity C, also a Greek-owned and Liberian-flagged commercial vessel, was sailing from Somalia to Saudi Arabia after delivering humanitarian aid for the United Nations World Food Programme. Four crew members were killed and six are believed to be in Houthi custody.

The Houthis have attempted to justify the attacks as part of armed conflict with Israel that began in October 2023, stating that the attacked ships violated the Houthi ban on dealings with Israeli ports and refused calls to stop. The Houthi statement claimed the Eternity C was bound for "Umm al-Rashrash in occupied Palestine," meaning the Israeli port of Eilat. However, this has not been corroborated.

The attacks have been met with swift condemnation from the international community. The EU called the attacks a "serious escalation endangering maritime security in a vital waterway," warning that the attacks "directly threaten regional peace and stability, global commerce and freedom of navigation." The EU also warned that the attacks could directly and negatively impact Yemen's fragile humanitarian situation.

The attacks come at a critical moment for peace in the region, with a possible ceasefire between Israel and Hamas pending and Iran (the Houthis' sponsor) weighing whether to restart negotiations over its nuclear program in the aftermath of Israeli and US airstrikes.

From JURIST, July 24. Used with permission.