Cyber Piracy On The High Seas: Rethinking The Two-Ship Requirement Under UNCLOS
Anavi, Mahi Yadav & Dhulipudi Hema Sruthi, Alliance University, Bangalore
ABSTRACT
The maritime industry is undergoing rapid digitalization that is changing how ships operate, improving navigation, communication, cargo management and operational efficiency. But this growing reliance on digital systems has also made vessels more vulnerable to cyber assaults. Countermeasures against attacks like GPS spoofing, manipulation of the Automatic Identification System (AIS), malware intrusions and interference with satellite communications can have a devastating effect on maritime operations, safety of navigation and global trade without the need to physically board or involve another vessel. These developments pose a challenge to the traditional legal framework for piracy under the United Nations Convention on the Law of the Sea (UNCLOS), drafted primarily to deal with physical attacks by one vessel on another on the high seas. The study discusses the ‘two-ship requirement’ and its relevance in light of the increasing technological threats and asks if maritime cyberattacks can be categorized as piracy under Article 101 of UNCLOS. This research uses doctrinal research technique. The study takes into account the relevant sections of the UNCLOS, international treaties on cybercrime, marine cybersecurity recommendations and recent legal literature to evaluate whether the current framework is sufficient. It also utilizes the 2024 Red Sea cyber operation as a case study to show how remote hacks can allow physical harm even when they do not fit under the existing legal framework of piracy. Building upon this research, this article argues that the current regime is inadequate to address the contemporary hazards of maritime cyber, and offers a multi-layered solution to narrow the legal gap. Recommendations include requesting an advisory opinion from the International Tribunal for the Law of the Sea (ITLOS), amending the Convention for the Suppression of Unlawful Acts against the Safety of Maritime Navigation (SUA Convention) to explicitly criminalize maritime cyber-attacks, and strengthening the International Maritime Organization’s cyber-risk framework through mandatory and independently auditable standards of compliance. Such measures would allow international maritime law to better address new cyber assaults, while maintaining the core values of the high seas.
Keywords: Cyber Piracy, Maritime Cybersecurity, UNCLOS, High Seas, Article 101, Two-Ship Requirement, ITLOS, SUA Convention, Maritime Cyberattacks, International Maritime Law.
