It is in the news that the Yemeni republic are saying the Houthis may
target the undersea communication cables that run through the red sea.
This would essentially be one more act of war by the Houthis with no valid justification under international law.
Articles 79 and 112-115 of the U.N. Convention on the Law of the Sea address the issue. These articles are as follows:
Article 79 Submarine cables and pipelines on the continental shelf
All States are entitled to lay submarine cables and pipelines on the continental shelf, in accordance with the provisions of this
article.
Subject to its right to take reasonable measures for the exploration of the continental shelf, the exploitation of its natural
resources and the prevention, reduction and control of pollution from
pipelines, the coastal State may not impede the laying or maintenance
of such cables or pipelines.
The delineation of the course for the laying of such pipelines on the continental shelf is subject to the consent of the coastal State.
Nothing in this Part affects the right of the coastal State to establish conditions for cables or pipelines entering its territory or
territorial sea, or its jurisdiction over cables and pipelines
constructed or used in connection with the exploration of its
continental shelf or exploitation of its resources or the operations
of artificial islands, installations and structures under its
jurisdiction.
When laying submarine cables or pipelines, States shall have due regard to cables or pipelines already in position. In particular,
possibilities of repairing existing cables or pipelines shall not be
prejudiced.
Article 112 Right to lay submarine cables and pipelines
All States are entitled to lay submarine cables and pipelines on the bed of the high seas beyond the continental shelf.
Article 79, paragraph 5, applies to such cables and pipelines.
Article 113 Breaking or injury of a submarine cable or pipeline
Every State shall adopt the laws and regulations necessary to provide
that the breaking or injury by a ship flying its flag or by a person
subject to its jurisdiction of a submarine cable beneath the high seas
done wilfully or through culpable negligence, in such a manner as to
be liable to interrupt or obstruct telegraphic or telephonic
communications, and similarly the breaking or injury of a submarine
pipeline or high-voltage power cable, shall be a punishable offence.
This provision shall apply also to conduct calculated or likely to
result in such breaking or injury. However, it shall not apply to any
break or injury caused by persons who acted merely with the legitimate
object of saving their lives or their ships, after having taken all
necessary precautions to avoid such break or injury.
Article 114 Breaking or injury by owners of a submarine cable or
pipeline of another submarine cable or pipeline
Every State shall adopt the laws and regulations necessary to provide
that, if persons subject to its jurisdiction who are the owners of a
submarine cable or pipeline beneath the high seas, in laying or
repairing that cable or pipeline, cause a break in or injury to
another cable or pipeline, they shall bear the cost of the repairs.
Article 115 Indemnity for loss incurred in avoiding injury to a
submarine cable or pipeline
Every State shall adopt the laws and regulations necessary to ensure
that the owners of ships who can prove that they have sacrificed an
anchor, a net or any other fishing gear, in order to avoid injuring a
submarine cable or pipeline, shall be indemnified by the owner of the
cable or pipeline, provided that the owner of the ship has taken all
reasonable precautionary measures beforehand.
