What is the legal framework governing international maritime conflict. Analyse the challenges in regulating maritime conflicts in contemporary times. (10M, 150 Words)

Maritime conflict is governed by a combination of international maritime law, the UN Charter, and customary laws of naval warfare. With rising geopolitical tensions, such as the reported torpedoing of the Iranian warship IRIS Dena near Sri Lanka’s EEZ in 2026 questions have emerged regarding the legality of naval attacks in international waters.

Legal framework governing maritime conflicts:

1.    United Nations Convention on the Law of the Sea (UNCLOS):

• UNCLOS provides the legal basis for maritime governance, defining maritime zones and state rights.
• It establishes:
• Territorial Sea – 12 nautical miles
• Exclusive Economic Zone (EEZ) – 200 nautical miles
• High Seas – beyond national jurisdiction
• For e.g., the attack on IRIS Dena reportedly occurred near Sri Lanka’s EEZ, where coastal states possess resource rights but limited sovereignty.

2.   UN Charter Provisions on Use of Force:

• Article 2(4) prohibits the use of force against another state.
• Article 51 allows self-defence in case of an armed attack.
• Military force may also be authorised by the UN Security Council under Chapter VII.
• For e.g., attacking a foreign warship on the high seas may be unlawful unless justified as self-defence or part of an ongoing armed conflict.

3.   Law of Naval Warfare and Customary International Law:

• Naval warfare rules operate alongside UNCLOS during armed conflict.
• Warships of belligerent states may be considered legitimate military targets, even if not actively engaged in combat.
• For e.g., Submarine torpedo attacks such as the sinking of Argentina’s cruiser General Belgrano during the Falklands War (1982).

Challenges in regulating maritime warfare:

1.    Lack of clear codified rules:

• UNCLOS does not explicitly regulate naval warfare operations, creating legal ambiguity.
• Rules largely depend on customary international law and state practice.

2.   Ambiguities in EEZ military operations

• Coastal states have economic rights but not full sovereignty in EEZs.
• Military operations by foreign states are not clearly prohibited.
• For e.g., the IRIS Dena incident near Sri Lanka’s EEZ highlights these grey areas in maritime jurisdiction.

3.   Expansion of Conflict Zones into global sea lanes:

• Modern conflicts increasingly extend into international waters and chokepoints.
• For e.g., strategic routes such as the Strait of Hormuz, which carries around 20% of global oil trade, are highly vulnerable during conflicts.

4.   Technological transformations:

• Use of submarines, drones, and long-range torpedoes complicates attribution and enforcement of maritime law.
• For e.g., the Mark-48 torpedo, widely used by submarines, can sink large warships through underwater explosions.

Conclusion:

International frameworks such as UNCLOS and the UN Charter provide the foundational rules for maritime governance. Strengthening international norms for naval warfare and maritime security cooperation is essential to prevent escalation and safeguard global trade routes.

‘+1’ Value Addition:

• San Remo Manual (1994) is the most authoritative non-binding document governing law of naval warfare, detailing rules on blockade, targeting of warships, and protection of neutral vessels.
• Hot Pursuit Doctrine (UNCLOS Article 111): Allows a coastal state to pursue and arrest a foreign vessel that violates its laws within its maritime zones, even into the high seas.
• International Maritime Organization (IMO): A specialised UN agency that regulates maritime safety, security and pollution, indirectly shaping norms during maritime tensions.
• Operation Sankalp (2019): India deployed naval ships in the Persian Gulf to escort merchant vessels during Iran–US tensions, highlighting India’s maritime security role.
• MILAN Naval Exercise: A major multilateral naval exercise hosted by India, aimed at strengthening maritime cooperation in the Indo-Pacific.

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