Calling Up (and Creating) Auxiliaries

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ID: 317820
2026
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Abstract
Abstract The Indo-Pacific, as a strategic theater, is defined by the sea. Any large-scale combat operations undertaken in the Indo-Pacific will inevitably, and very quickly, require increased use of merchant vessels and auxiliaries for sustainment and operational support roles as scarce warships become ever more narrowly focused upon warfighting and unavailable for support operations. This chapter seeks to outline some of the legal issues that attend using “non-warships”—including merchant vessels and auxiliaries—in support of operations. It begins with an outline of the legal character of, and differences between, auxiliaries and merchant vessels. The chapter then addresses the legal architecture for vessel characterization and permissible logistics employment in pre-conflict operations, focusing upon the law of the sea. In this regard, the analysis highlights that immunity from the jurisdiction of other States and immunity from merchant vessel regulatory schemes are the key differences encountered. Following this, the chapter examines the key legal architecture applicable to vessel characterization and support roles during armed conflict at sea: the law of naval warfare (LoNW). The chapter notes that LoNW sets three levels of use-of-force rights for merchant vessels, auxiliaries, and warships, and that the scope of auxiliary “operational rights” as compared to warship “belligerent rights” is still evolving. The chapter concludes by noting that State practice will be essential in further refining the application and interpretation of the law applicable to auxiliaries during any large-scale combat operations in the Indo-Pacific region.
Reference Key
openalex_W7165200495 Use this key to autocite in the manuscript while using SciMatic Manuscript Manager or Thesis Manager
Authors Rob McLaughlin
Journal Oxford University Press eBooks
Year 2026
DOI
10.1093/oso/9780197844540.003.0008
URL
https://doi.org/10.1093/oso/9780197844540.003.0008
Keywords Keywords not found

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