Innocent Passage of Warships

Innocent passage of warships is the contested question of whether a foreign warship enjoys the same right of innocent passage through the territorial sea that UNCLOS Articles 17 to 19 grant to all ships. The Convention text draws no exception for warships, and Article 24 bars the coastal state from hampering innocent passage; passage is innocent if not prejudicial to peace, good order, or security (Article 19), and a submarine must travel on the surface showing its flag (Article 20). Several states, including China, nonetheless require prior authorization or notification for warships, a claim the United States rejects in its freedom-of-navigation operations.