Maritime security and interception of vessels in the suppression of illicit activities in the law of the sea

Abstract

The expansion of transnational criminal organizations across the seas and oceans has become one of the main threats to maritime security. In this context, it is necessary to analyse the actions that States can carry out against these groups in maritime zones. In this regard, the UNCLOS, as a legal framework of reference in matters of maritime security, attributes enforcement jurisdiction to States to intercept, within certain limits, vessels suspected of engaging in illicit activities. But this legal framework suffers from important shortcomings that reduce the effectiveness of the State's action at sea and encourage the activities of these criminal groups. These shortcomings are most clear when state agents must adopt coercive measures, including the use of force in the most extreme cases, when the ship resists seizure, as the UNCLOS does not offer any guidance in this regard. In this situation, which has been partially mitigated by other international treaties, it is important that States precisely regulate the exercise of these police powers at sea, as well as the measures they can adopt in each case, to avoid incurring abuses or arbitrariness.