Fact-Checking | Does the U.S. Have the Right to Defend Itself and Others Against Houthi Attacks in the Red Sea?

Following the Hamas militants' attack on October 7, which ignited the war between Israel and Hamas, supporters of this group have increasingly targeted the waters of the Middle East with anti-Israeli attacks. The Houthi rebels of Yemen, officially known as Ansar Allah, are a Shia Islamist political and military organization that controls about one-third of the most populous areas of Yemen. This group, which is supported by the Islamic Republic, has recently conducted several hostile naval operations to demonstrate "solidarity with Palestine and opposition to Israel." In this context, the Houthis carried out drone and missile attacks on three commercial ships in the Red Sea on December 3, claiming responsibility for two of the attacks. The U.S. Central Command (CENTCOM) announced that in response to calls from these three ships, an American destroyer, the USS Carney, shot down several drones launched from Houthi-controlled areas in Yemen. CENTCOM deemed these attacks a "direct threat to international trade and maritime security." In response, Mohammed Ali al-Houthi, head of a group known as the "Revolutionary Committee of the Houthis of Yemen," rejected the presence of the U.S. military in the region or any response to these attacks. He stated, "Americans have no right in the Red Sea to claim that they reserve the right to respond, and to prove this, they do not accept any military presence of China or Russia or others in the waters of the region, for example, near Florida or elsewhere." This claim is false. According to international law, nothing prevents U.S. military vessels from operating in international waters or defending themselves or others against destructive attacks. The Houthis have repeatedly targeted vessels engaged in maritime routes and have illegally threatened international navigation and maritime security. A spokesperson for the International Chamber of Shipping based in London stated in a written comment to the "Poligraph" website, a fact-checking project of Voice of America, that the commercial fleets of countries around the world have the right to safely transport goods through international waters without fear of attack. He added, "However, as we have seen in this case and previous incidents, commercial ships passing through politically tense areas, such as the Red Sea, can be vulnerable to attack these days, and the international community is obliged and has a duty to protect commercial fleets from such attacks." The Houthis have attempted to label commercial vessels as "Israeli" or "related to Israel" to portray them as "legitimate targets" for their attacks. When they seized the commercial ship "Galaxy Leader" under the Bahamian flag last month, they used the same justification. Galaxy Leader belongs to Abraham Ungar, an Israeli international shipping giant, although it is operated by Nippon Yusen, a Japanese shipping company. According to Article 92 of the United Nations Convention on the Law of the Sea, ships are subject to the "exclusive jurisdiction" of the flags under which they operate. None of the ships attacked by the Houthis on December 3 were registered in Israel, nor do they operate under the Israeli flag, and they have no connection to the government or entity involved in the conflict between Israel and Hamas. The Israeli Defense Forces have also confirmed this. The first ship, "Unity Explorer," belongs to the British company "Unity Explorer Limited," whose director, David Ungar, is an Israeli-British residing in the UK. This ship operates under the Bahamian flag and is subject to Bahamian laws and regulations. Another ship targeted by the Houthis was the "MV Number Nine," owned by "Number Nine Shipping Limited," a container ship under the Panamanian flag operated by Newcastle upon Tyne, affiliated with the British shipping management company Bernhard Schulte. The third ship, "EOM Sophie Two," is a cargo ship registered in Panama and operating under that country's flag. Article 19 of the United Nations Convention on the Law of the Sea allows foreign ships, including military vessels, to pass through the territorial waters of Yemen, even when passing through Bab el-Mandeb, the strait connecting the Red Sea and the Gulf of Aden, "as long as they do not harm the peace, order, and security of the coastal state." The spokesperson for the International Chamber of Shipping stated, "All incidents that have occurred to date have been outside the territorial waters of Yemen, but even if they were within the territorial waters of this country, these attacks would still constitute a violation of international law, particularly the right of innocent passage or the fundamental right of seafarers to navigate and perform their duties without fear of attack." The right of American ships to defend themselves and others against unprovoked attacks is also recognized under international law. According to a study conducted by the U.S. Naval War College on the laws governing naval operations (both in peacetime and during armed conflicts), "International law, which is included in the concept of collective defense, provides for the use of necessary proportional force to protect foreign-flagged ships and aircraft and their nationals and property against unlawful violence, including terrorist attacks or piracy at sea." However, given the ongoing war between Israel and Hamas, issues related to the proportionality of defensive actions to attacks are debatable. In this case, the USS Carney only shot down unmanned drones launched from Houthi-controlled areas in Yemen, and the United States did not conduct retaliatory strikes against Houthi forces that initiated these attacks. The U.S. has sanctioned a financial network supporting the Houthis of Yemen. White House National Security Advisor: The Islamic Republic has enabled attacks on ships in the Red Sea. Pentagon: An American warship and several commercial vessels were attacked in the Red Sea. Ashdod port officials: Houthi attacks have not affected Ashdod port operations. Attack on a Norwegian-flagged oil tanker near Yemen continues the expansion of Houthi rebel attacks.