The concept of levée en masse at sea and its possible relevance to the South China Sea

Levée en masse is a concept rooted in the law of land warfare, referring to the spontaneous arming of civilian populations to resist invasion. While well established in the terrestrial context, its application at sea remains conceptually uncertain and legally underdeveloped. This article examines the feasibility and legal contours of levée en masse at sea, particularly in the context of contemporary naval conflict. Drawing upon the South China Sea as an illustrative scenario, the analysis explores whether and how this category of combatant status might be recognized under existing international humanitarian law and the law of naval warfare. This article identifies several doctrinal challenges that arise when transposing the concept to the maritime domain, including the limitations of belligerent rights at sea, the status of artificial islands under international law, and the requirement for combatants to carry arms openly. It argues that while the legal foundations for levée en masse at sea are tenuous, the evolving nature of maritime conflict may invite renewed relevance for this historically grounded but largely neglected legal construct. This article contributes to the emerging discourse and urges further doctrinal clarification, especially in anticipation of future armed conflict scenarios in complex theatres such as the South China Sea.