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INTERNATIONAL LAW STUDIES 1993 TARGETING ENEMY MERCHANT SHIPPING Edited by Richard Grunawalt J. Volume 65 WAR NAVAL COLLEGE NEWPORT, RHODE ISLAND Library of Congress Cataloging-in-Publication Data Targeting enem—y merchant shipping / RichardJ. Grunawalt. p. cm. (International law studies; v. 65) Includes index. — 1.—War, Maritime (International l—aw) Congresses. 2. Naval law Congresses. 3. Naval tactics Congresses. 4. United States. — Navy Congresses. I. Grunawalt, RichardJ. II. Series. JX1295.U4 vol.65 [JX5203] s— 341 dc20 [341.6'3] 93-13402 CIP Contents TABLE OF CONTENTS Page FOREWORD PREFACE Chapter One Targeting Enemy Merchant Shipping: An Overview ofLaw and Practice 2 L. F. E. Goldie Two Chapter Submarine Warfare: With Emphasis on the 1936 London Protocol 28 Howard S. Levie Comments 72 A. V. Lowe Comments 78 Dieter Fleck Chapter Three The Naval Practices ofBelligerents in World War II: Legal Criteria and Development 87 Sally V. Mallison and W. Thomas Mallison Comments 104 M. W.Janis Comments 110 W.J. Fenrick Chapter Four State Practice Following World War II: 1945-1990 121 George K. Walker Comments 223 L. C. Green Targeting Enemy Merchant Shipping Page Chapter Five Targeting Realities: Platforms, Weapons Systems, and Capabilities 231 James Service Comments 242 H DoyleJr J. Chapter Six Strategic Imperatives: Economic Warfare at Sea 250 Hugh F. Lynch Comments 264 Harry Almond Chapter Seven U. S. Policy on Targeting Enemy Merchant Shipping: Bridging the Gap Between Conventional Law and State Practice 338 H. B. RobertsonJr Comments 356 Frits Kalshoven Comments 364 Ashley Roach J. Index 367 . Contents FOREWORD The International Law Studies "Blue Book** series was initiated by the Naval War College in 1901 to publish essays, treatises and articles that contribute to the broader understanding of international law. Work on this, the sixty-fifth volume ofthat series, began in the midst ofa decade ofturmoil in the Persian Gulf. Duringthat time, the targeting ofmerchant shippingby both Iran and Iraq raised anew questions about the rules regarding targeting ofmerchant shipping and current viability ofthose rules in the international community. This volume consists ofpapers written for and presented at a recent Naval War College-sponsored Symposium on the Law ofNaval Warfare: Targeting Enemy Merchant Shipping. The papers collected in this volume are the work ofseventeen ofthe world's most highly respected authorities in the field. The principal papers analyze different aspects of the targeting issue, while the commentaries provide critical analyses ofthose complex and topically important assessments and conclusions. The result is a thorough and well-balanced discus- sion oftargeting issues regarding enemy merchant shipping. While the opinions expressed in this volume are those ofthe individual authors and not necessarily those ofthe United States Navy nor the Naval War College, they collectively provide avaluable contribution to the study and development ofthe law ofnaval On warfare. behalfofthe Secretary ofthe Navy, the ChiefofNaval Operations and Commandant ofthe Marine Corps, I extend to the editor, Professor R.J. Grunawalt, and the contributing authors of this informative and provocative work our gratitude and thanks. Joseph C. Strasser Rear Admiral, U.S. Navy President, Naval War College