Legal Definitions - right of visit and search

The right of visit and search is a principle under international maritime law that allows a state's warship or other authorized vessel to stop, board, and inspect a foreign merchant vessel on the high seas. This right is typically exercised under specific circumstances, such as during wartime to ensure neutrality and prevent the transport of contraband, or under international treaties aimed at combating piracy, slavery, drug trafficking, or other illicit activities. It represents a limited exception to the general principle of freedom of navigation on the high seas.

Here are some examples illustrating the application of the right of visit and search:

• Wartime Contraband Enforcement: During a declared conflict, a naval destroyer from a belligerent nation encounters a cargo ship flying a neutral flag in international waters. Based on intelligence that the cargo ship might be carrying military supplies destined for the enemy, the destroyer exercises its right of visit and search. Its crew boards the cargo ship, inspects its manifest, and searches its holds to verify its nationality and ensure it is not transporting contraband goods that would aid the opposing forces. This demonstrates the right being used to enforce wartime restrictions on neutral shipping.

• Anti-Piracy Operations: In a region known for frequent pirate attacks, a multinational naval task force operating under a United Nations Security Council resolution spots a suspicious vessel that matches the description of a known pirate mother ship. The task force invokes the right of visit and search to intercept and board the vessel on the high seas. The boarding team questions the crew, inspects the ship's documents, and searches for weapons, communication equipment, or other evidence of piratical activity. This illustrates the right being applied under international agreement to combat criminal acts like piracy.

• Combating Illicit Trafficking (Treaty-Based): Two neighboring countries have signed a bilateral treaty that permits their respective coast guard vessels to stop and search ships suspected of large-scale human trafficking in a specific zone of international waters adjacent to their shared maritime border. When a coast guard patrol from one nation detects a vessel in this zone exhibiting unusual behavior consistent with human smuggling, it exercises the right of visit and search. The crew boards the vessel to inspect its cargo, question those on board, and search for undocumented individuals, acting within the framework of the international agreement. This shows the right being used based on a specific treaty to combat transnational crime.