Seafarers Under Threat in the Strait of Hormuz: Maritime Safety, Liability and the Duty of Protection
Continuing attacks against commercial vessels in the Middle East have placed seafarer safety at the centre of international maritime legal concerns. Shipowners’ obligations, war risks provisions and insurance arrangements require particular attention.
San Simón & Duch | International Maritime Law | November 2026
An Ongoing Threat to Commercial Shipping
Attacks against merchant vessels in the Strait of Hormuz, the Gulf of Oman and the Persian Gulf continue to threaten the safety of international shipping.
According to International Maritime Organization (IMO) figures reported by the Spanish Shipowners’ Association (ANAVE), incidents recorded during October had resulted in at least 16 injured seafarers and two missing crew members as of 27 October 2026.
At that time, the IMO had recorded 121 confirmed incidents and 24 seafarer fatalities since the beginning of the conflict.
Its subsequent update of 3 November increased the number of confirmed incidents to 128, while the recorded death toll remained at 24.
Reported incidents have affected tankers, container vessels and other commercial ships, with some attacks resulting in the loss of vessels.
These developments highlight the importance of protecting human life at sea, irrespective of the commercial and strategic significance of the affected shipping routes.
Shipowners’ Safety Obligations
Seafarer safety is governed by an extensive international legal framework.
The SOLAS Convention, the International Safety Management (ISM) Code and the Maritime Labour Convention, 2006, establish relevant obligations concerning vessel safety, risk management and working conditions.
When operating in areas exposed to extraordinary threats, shipping companies must assess foreseeable risks and implement appropriate preventive measures in accordance with the applicable legal framework.
Voyage planning, crew information, emergency procedures and coordination with maritime authorities may all become particularly important.
The precise scope of these obligations depends on the vessel, voyage, contractual arrangements and applicable law.
Can a Vessel Refuse to Enter a War Risk Area?
This question is particularly relevant to the relationship between owners and charterers.
The answer will generally depend on the charterparty terms, the applicable war risks clauses and the circumstances of the proposed voyage.
Certain clauses may permit owners to reject employment instructions or adopt alternative routes where contractually defined risks arise.
However, the existence of armed conflict in a particular region does not automatically justify refusing every instruction to proceed there.
The nature of the threat, available information, contractual wording and governing law must be considered.
The master’s responsibilities concerning the safety of the vessel and those on board must also be taken into account.
Liability for Injuries, Death and Missing Seafarers
Where attacks cause personal injury or loss of life, complex questions of liability and compensation may arise.
Relevant considerations can include employment obligations, applicable liability regimes, insurance arrangements and the rights of affected seafarers or their families.
An external attack does not automatically establish shipowner liability, nor does it necessarily extinguish contractual or statutory obligations.
Each incident requires an assessment of its causes, the preventive measures undertaken and the applicable legal framework.
War risks insurance, P&I cover and other specialist protection mechanisms may also be relevant.
Protecting the People Behind International Trade
Seafarer protection requires cooperation between States, international organisations, shipowners, insurers and the wider maritime community.
Commercial continuity cannot be separated from the safety of those responsible for operating the world’s merchant fleet.
Seafarer safety is not merely an operational concern. It is a fundamental human and legal responsibility.
For San Simón & Duch, these developments underline the importance of maritime legal frameworks capable of addressing extraordinary circumstances through prevention, protection and effective compensation mechanisms.
Anticipating the legal consequences of operational decisions is essential to protecting both human life and legitimate commercial interests.
This article is for general information only and does not constitute legal advice.