US Submarine Sinks Iranian Warship: Legal Obligations for Rescue Examined
News that a United States submarine torpedoed and sank the Iranian warship IRIS Dena approximately 40 nautical miles off the coast of Sri Lanka has stunned global observers. This attack, occurring far from the Persian Gulf in a crucial trade route linking China to the Middle East, indicates a potential expansion of the conflict arena. Beyond the geopolitical implications, the incident underscores a complex and often misunderstood aspect of military operations: the law of naval warfare.
Many have questioned the legality of the assault and the responsibilities for rescuing survivors. To address these concerns, it is essential to delve into the legal frameworks governing such maritime conflicts.
When Does the Law of Naval Warfare Apply?
The law of naval warfare is a specialised subset of the law of armed conflict, establishing permissions and protections for combatants, civilians, and neutral parties engaged in sea-based hostilities. Crucially, these rules apply irrespective of whether the initial resort to force was lawful under international law. This means that even if the justification for war is contested, the conduct at sea must adhere to these regulations.
Moreover, the law of naval warfare governs operations whether or not a formal declaration of war has been made. It takes precedence over the United Nations Convention on the Law of the Sea in cases of conflict, reflecting the principle of lex specialis, where more specific legal provisions override general ones. These norms have evolved over centuries as states aimed to balance effective naval operations with humanitarian considerations.
Was the Sinking of the Iranian Warship Legal?
Yes, the attack was lawful under the law of naval warfare. Warships belonging to a state involved in an international armed conflict are considered military objectives by nature and may be targeted legally. Such attacks are permissible on the high seas or within the 12-nautical-mile territorial waters of the belligerent states. However, they are prohibited within the territorial waters of neutral nations.
In this instance, the IRIS Dena was reportedly operating outside Sri Lanka's territorial waters, making it a lawful military target. Had it been within 12 nautical miles of the Sri Lankan coast, the attack would have been unlawful.
What Are the Legal Obligations for Rescuing Survivors?
The law of naval warfare imposes clear duties regarding the rescue of survivors. Under the Second Geneva Convention of 1949, parties to a conflict must, after each engagement, take all possible measures to search for and collect the shipwrecked, wounded, and sick. These rules require belligerents to assist survivors at sea, provided military circumstances permit.
However, submarines face unique challenges in fulfilling this obligation. Surfacing to rescue survivors can expose them to significant risks, and their limited capacity makes it impractical to accommodate large numbers of survivors. If a submarine cannot safely surface, it may instead facilitate rescue by reporting the location of survivors to other vessels or authorities.
This practice is noted in key legal commentaries on submarine warfare. In the case of the IRIS Dena, the swift response of the Sri Lankan navy, which rescued 32 sailors and retrieved 87 bodies, suggests authorities were promptly informed of the incident. While it is unclear how Sri Lankan authorities were notified, it is likely that the US navy transmitted the survivors' location, given the extensive damage to the Iranian ship and its inability to send distress signals.
This scenario may also explain why initial reports indicated a submarine attack before US confirmation. The crew of the IRIS Dena likely did not immediately realise they had been struck by a submarine-launched torpedo, as such weapons are typically fired from beyond the detection range of a ship's hull-mounted sonar.
A Lawful Military Target Amid Ongoing Debates
While debates persist over the legal justification for the United States entering the conflict with Iran, the conduct of hostilities at sea remains governed by the law of naval warfare. Under this framework, the IRIS Dena constituted a lawful military target, and efforts to facilitate the rescue of survivors align with legal obligations. This incident highlights the intricate balance between military necessity and humanitarian duties in modern naval warfare.
