Paper: GS – II, Subject: International Relations, Topic: International institutions, agencies and fora, Issue: Maritime Conflict Laws of the Sea.
Context:
The Mark-48 Torpedo strike on the Iranian frigate IRIS Dena near Sri Lanka’s Exclusive Economic Zone (EEZ) signals escalation in the US – Israel – Iran conflict.
Key Takeaways:
Maritime Jurisdictions under UNCLOS:
The United Nations Convention on the Law of the Sea (UNCLOS) defines maritime zones where conflicts may occur.
Legal nuance: Incidents in an EEZ create ambiguity, as coastal states have resource rights but not full sovereignty.
Legal Framework Governing Maritime Conflict:
- UNCLOS mainly regulates maritime jurisdiction, but it does not provide detailed rules for naval warfare. The conduct of maritime conflict is governed by multiple legal sources:
- Customary International Law: Long-standing practices and accepted norms governing naval warfare and neutrality at sea.
- San Remo Manual (1994): A key document outlining rules applicable to armed conflicts at sea, including protection of neutral shipping, targeting rules for naval warfare and protection of civilian vessels.
- UN Charter Provisions: Use of force at sea is also governed by the UN Charter
- Article 2(4): Prohibits use of force against the territorial integrity or political independence of states.
- Article 51: Recognizes the right of self-defence after an armed attack.
- Chapter VII: Allows the UN Security Council to authorize collective military action.
Strategic & Legal Implications of the strike:
- Expanded conflict zone: Spillover into the Indian Ocean Region (IOR) threatens shipping routes and energy flows.
- Jurisdictional complexity: Military action in another state’s EEZ raises legal and neutrality concerns.
- Escalation risk: Increased submarine activity may heighten regional naval instability.
Rare Warship Torpedo Attacks:
| Vessel | Year | Details |
| INS Khukri (India) | 1971 | Sunk by Pakistani submarine; 176 casualties |
| ARA General Belgrano (Argentina) | 1982 | Sunk by UK submarine in Falklands War |
| ROKS Cheonan (South Korea) | 2010 | Sunk after suspected North Korean torpedo attack |
Conclusion:
The IRIS Dena incident illustrates the growing intersection of advanced naval technology and international maritime law. As conflicts extend into international waters, adherence to UNCLOS principles, UN Charter rules, and the San Remo Manual will be crucial for safeguarding global maritime stability.
Source: (The Indian Express, The Hindu)
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