Vladimir Putin has steadfastly insisted but what is happening in Ukraine is not a war, and Russians can be sent to jail for up to 10 years for calling it one. At the same time, he is declaring a blockade on Ukrainian ports, which is by all standards that I know of an unequivocal act of war.
So I wonder — if a Russian military vessel attacks or even boards an unarmed merchant ship flagged by a non-belligerent country, is that legally an act of piracy? Can the commander and any participants in such an action be brought before an international court and charged accordingly?
One might imagine foreign buyers choosing to purchase some of Ukraine’s vessels that are currently at anchor in Odessa at a knockdown price, painting new names and ports of registry on the sides, and bringing in crews. They then hoist their flags, chosen expressly for the awkwardness it would cause if their freedom of navigation were violated — perhaps one cargo ship flagged in India, others in Japan, Turkey, Greece, Germany, Hungary, Italy, and Sweden. (I would include China too, but I presume that the Chinese government would prohibit all of their ship owners from participating. The rest all have merchant fleets that are privately owned, and therefore at least somewhat insulated from government pressure.)
The fleet would be faced with the possibility of mines outside the harbor, so some old vessels might lead the pack as sacrifices — they’ll be flagged internationally too. The Russian commander on the spot would be faced with an awkward situation — make enemies of every country in that fleet by attacking them when no war has been declared, or blustering and hazing them but not actually committing an act of war.
What would be theoretical effect be an international law, and what would be practical effect be? I don’t know, and would be interested in hearing your speculation, the more informed, the better. If anyone on DK knows a lot about maritime law, please include that in your response. And yes, I know this is all speculation, but it would be interesting to game this stuff out.