The Unknown Dimension of UNCLOS as an Instrument of Power
The United Nations Convention on the Law of the Sea (UNCLOS) is often described as the constitution of the oceans. Yet an important evolution is underway: UNCLOS as an instrument of power is becoming central to how states apply maritime sanctions and enforce compliance at sea. As sanctions lists expand to target vessels, operators and […]Due Process at Sea: The 2025 Public Order Gap
2025 Data as Symptom, Not Scale
The U.S. Department of Transportation’s 2025 reports under the Cruise Vessel Security and Safety Act (CVSSA) recorded 181 alleged criminal incidents reported to the FBI across major cruise lines. Quarterly totals stood at 48 (Q1), 43 (Q2), 47 (Q3) and 44 (Q4). Of these, 121 concerned sexual assault or rape.
These figures are precise. They are also incomplete.
The CVSSA dataset captures only crimes that meet defined federal thresholds and occur on voyages embarking or disembarking in the United States. It excludes a significant portion of global maritime traffic, foreign-flagged operations outside U.S. nexus, crew-to-crew incidents not falling within reporting parameters, and cases filtered by internal compliance assessment. The 2025 total therefore represents only a fraction of the true dimension of crime at sea.
The Public Order Gap
The persistence of elevated reporting between 2024 and 2025 reveals a structural issue extending beyond individual incidents. Maritime law mandates masters to ensure good order and discipline on board. It does not impose a codified, sovereign-style mandate for public order comparable to that exercised ashore (see also Insight #03, 2025)
This distinction underpins the public order gap. Shipboard authority is operational and disciplinary; criminal investigation, prosecution and human rights enforcement remain dispersed across flag state, port state and, in limited cases, coastal state jurisdiction. There is no unified global reporting system and no harmonised enforcement architecture.
Due Process at Sea at Risk
In this fragmented environment, due process at sea depends on voluntary compliance, post-incident coordination and jurisdictional alignment. The 2025 DOT figures highlight not merely criminal conduct, but governance insufficiency. Without clearer mandates, transparent reporting standards and consolidated oversight, the protection of fundamental rights offshore remains structurally vulnerable.
Sources at U.S. Department of Transportation: Cruise Line Incident Reports | US Department of Transportation
