Legal Framework Governing Maritime Conflict and Naval Warfare

Context:
A U.S. submarine torpedoed the Iranian warship IRIS Dena near Sri Lanka, escalating tensions between the U.S., Israel, and Iran, and raising questions about the legal framework governing naval warfare and maritime conflict in international waters.

Key Highlights:

Naval Incident in the Indian Ocean
• A U.S. submarine attacked the Iranian frigate IRIS Dena near Sri Lanka’s waters.
• The warship was returning from the MILAN-2026 naval exercise organized by the Indian Navy in Visakhapatnam.
• The sinking of the frigate resulted in around 80 sailor deaths.

Expansion of the Conflict
• The incident indicates a spillover of the West Asia conflict into the Indian Ocean region.
• It raises concerns regarding maritime security and naval escalation.

Legal Ambiguity in Maritime Conflict
UNCLOS primarily governs peacetime maritime activities, not wartime naval operations.
• During conflicts, Law of Naval Warfare applies alongside UNCLOS.

Possible Legal Justifications
Article 51 of the UN Charter allows the use of force in self-defense if an armed attack occurs.
• The U.S. could claim self-defense justification, though it remains contested.

Location of the Incident
• The attack occurred within Sri Lanka’s Exclusive Economic Zone (EEZ).
• Sri Lanka responded with search and rescue operations for survivors.

Concerns Raised by Experts
• Some analysts argue the attack is an escalation, since the Iranian warship was not in an active conflict zone.
• The incident could potentially violate international maritime norms.

Relevant Prelims Points:

  • United Nations Convention on the Law of the Sea (UNCLOS)
  • Adopted in 1982, entered into force in 1994.
  • Provides the legal framework governing maritime zones and ocean governance.
  • Major Maritime Zones under UNCLOS
  • Territorial Sea: Up to 12 nautical miles from the coastline.
  • Contiguous Zone: Up to 24 nautical miles.
  • Exclusive Economic Zone (EEZ): Up to 200 nautical miles, granting resource rights.
  • High Seas: Areas beyond national jurisdiction.
  • Law of Naval Warfare
  • A body of international law regulating naval operations during armed conflict.
  • Includes rules on:
  • Targeting enemy warships
  • Protection of neutral shipping
  • Blockades and naval mines
  • MILAN Naval Exercise
  • A multilateral naval exercise hosted by the Indian Navy.
  • Conducted in Visakhapatnam.
  • Promotes maritime cooperation and interoperability among navies.
  • Exclusive Economic Zone (EEZ)
  • Coastal states have sovereign rights for exploring and exploiting marine resources within 200 nautical miles.
  • Other states retain freedom of navigation and overflight.

Relevant Mains Points:

  • Strategic Importance of the Indian Ocean
  • The Indian Ocean carries major global trade and energy routes.
  • Military confrontations in the region could threaten maritime security and supply chains.
  • Legal Challenges in Maritime Conflict
  • UNCLOS does not fully regulate naval warfare during armed conflicts.
  • Additional legal frameworks like the San Remo Manual on International Law Applicable to Armed Conflicts at Sea (1994) guide naval operations.
  • Escalation Risks
  • Naval confrontations can quickly escalate due to limited transparency and rapid decision-making.
  • The presence of major powers’ navies in strategic waterways increases geopolitical tensions.
  • Implications for Regional Stability
  • Smaller coastal states like Sri Lanka may become unintended stakeholders in major-power conflicts.
  • Regional maritime security cooperation becomes critical.
  • Role of International Institutions
  • Organizations such as the International Maritime Organization (IMO) and UN Security Council play roles in maintaining maritime stability.

Way Forward
• Strengthen international legal frameworks governing naval warfare.
• Enhance multilateral maritime security cooperation in the Indian Ocean.
• Promote confidence-building measures between naval powers.
• Improve search-and-rescue coordination and maritime safety mechanisms.
• Encourage diplomatic dialogue to prevent escalation of conflicts into maritime domains.

UPSC Relevance:
GS Paper 2: International Relations – maritime geopolitics and global security
GS Paper 3: Internal Security – maritime security and naval conflicts
Prelims: UNCLOS, maritime zones, MILAN exercise, law of naval warfare

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