Why in the News
An Iranian warship IRIS Dena was reportedly torpedoed by a US submarine in the Indian Ocean near Sri Lanka after participating in the MILAN 2026 and the International Fleet Review at Visakhapatnam. The incident has sparked debate about the legal framework governing naval warfare in international waters.
Key Legal Framework Governing Maritime Conflict
1. UNCLOS (United Nations Convention on the Law of the Sea)
- United Nations Convention on the Law of the Sea regulates maritime zones, navigation rights and ocean governance.
- It mainly governs peacetime maritime activities.
- It does not directly regulate wartime naval operations.
- Notably, the United States is not a signatory to UNCLOS.
2. Law of Naval Warfare
- During armed conflict, naval warfare laws operate alongside UNCLOS.
- Key principles include:
- Warships of enemy states can be legitimate military targets.
- The laws of armed conflict at sea regulate blockades, attacks, and treatment of vessels.
3. UN Charter and Use of Force
- The United Nations Charter provides rules for the use of force.
- Article 2(4): Prohibits the use of force against another state.
- Article 51: Allows self-defence in response to an armed attack.
4. UN Security Council Authorization
- Under Chapter VII of the UN Charter, the United Nations Security Council can authorise the use of force.
- However:
- Requires majority approval.
- None of the permanent members must use their veto.
Maritime Zones Relevant to the Incident
- Territorial Sea – up to 12 nautical miles from coast (full sovereignty).
- Exclusive Economic Zone (EEZ) – up to 200 nautical miles where coastal states have economic rights.
- High Seas – international waters beyond national jurisdiction. The attack reportedly occurred in the EEZ of Sri Lanka.
| [2022] With reference to the United Nations Convention on the Law of Sea, consider the following statements: A coastal state has the right to establish the breadth of its territorial sea up to a limit not exceeding 12 nautical miles, measured from baseline determined in accordance with the convention. Ships of all states, whether coastal or land-locked, enjoy the right of innocent passage through the territorial sea. The Exclusive Economic Zone shall not extend beyond 200 nautical miles from the baseline from which the breadth of the territorial sea is measured. Which of the statements given above are correct? (a) 1 and 2 only (b) 2 and 3 only (c) 1 and 3 only (d) 1, 2 and 3 |
