Legal Status of Undersea Internet Cables (also known as submarine communications cables) During Armed Conflict Under the UN Convention on the Law of the Sea (UNCLOS).[Part 1 of 2]

[YAGAY andSUN]

The undersea internet cables, also known as submarine communications cables, are critical infrastructure enabling global internet and communications. These cables fall under certain protections provided by international law, including the United Nations Convention on the Law of the Sea (UNCLOS). Let’s break this down:

🔹 What does UNCLOS say about undersea cables?

• Article 112 to 115 of UNCLOS specifically deals with submarine cables.
• Under peacetime, all countries have the right to lay and maintain submarine cables on the high seas.
• Intentional damage or destruction of these cables is prohibited under Article 113, and states are required to criminalize such acts.

🔹 Can a country cut undersea cables during war?

This is a gray area, but here’s what we know:

✅ In Peacetime:

• No, a country cannot cut another nation’s submarine cable.
• Such an act would violate UNCLOS and could amount to an international offense or act of aggression.

⚔️ During War (Armed Conflict):

• Under the Law of Armed Conflict (LOAC) or International Humanitarian Law (IHL), the situation changes.
• A belligerent state may target enemy infrastructure if it offers a definite military advantage.
• If an undersea cable is used for military communications, then it could be considered a legitimate target.
• However, targeting civilian communications cables without a military rationale could be seen as a violation of IHL.

🔍 Relevant Legal Ambiguities:

• UNCLOS does not explicitly regulate wartime conduct.
• No specific global treaty exists governing undersea cables during war.
• Customary international law and state practice guide wartime behavior, which leaves room for interpretation and abuse.

🔒 Is there any international move to protect cables further?

Yes, there are increasing discussions at forums like the International Cable Protection Committee (ICPC) and United Nations, especially as cybersecurity and geopolitical tensions rise. However, no dedicated wartime treaty exists yet.

✅ Summary:

Situation	Can a country cut undersea cables?	Legality
Peacetime	❌ No	Violation of UNCLOS
Wartime (Military Cable)	✅ Possibly, if for military advantage	Permissible under International Humanitarian Law
Wartime (Civilian Cable)	❌ Not unless militarily necessary	Likely a violation of international law