The sinking of the Iranian warship IRIS Dena by the US Navy in the Indian Ocean has raised a serious legal question: would such an attack constitute a lawful act of war or a war crime under international law? The development following intense skirmishes in the Middle East following US' Operation Epic Fury has led to a widening conflict in the region.
The answer to that question lies in the international law governing the use of force and the conduct of hostilities, particularly the legal frameworks which are outlined in International Law and the Conduct of Military Operations. The book explains that modern military operations are governed by two separate but closely linked bodies of law:
Captain SB Tyagi (Retd), an Indian Army Veteran and professor at Defence Research and Studies, notes that whether the sinking of an Iranian warship constitutes a war crime depends on how these two legal regimes apply to the incident.
IRIS Dena had docked at India's Vishakhapatnam while participating in Exercise MILAN from February 18 to 25. The US Navy had also been invited to participate in the same exercise but withdrew at the last minute. Notably, IRIS Dena was on its way back home when it was struck by a Mark 48 torpedo launched by a US Submarine in the Indian Ocean. Sri Lankan military rescuers were quick to respond after receiving an early-morning distress call from the frigate.
Notably, IRIS Dena was sailing home under reduced‑armament protocols, as required under the mandate of Exercise MILAN. Under Article 2(4) of the UN Charter, states are prohibited from using force against another state’s territorial integrity or political independence. There are only two widely accepted exceptions:
Greenwood emphasises that self-defence remains the most commonly invoked justification for military action. American could argue the attack was lawful if:
US Navy's Virginia-class attack submarine USS New Mexico
Thus, the strike could legally fall under self-defence if IRIS Dena was:
International humanitarian law applies once an armed conflict exists. As per Greenwood, the definition of armed conflict is extremely broad: Any fighting between the armed forces of two states qualifies as an armed conflict—even if brief or small in scale.
Therefore, if US forces attacked an Iranian naval vessel, the situation would legally become an international armed conflict. "Once this threshold is crossed, the full body of the laws of war applies," Capt Tyagi told Times Now.
Source: India Latest News, Breaking News Today, Top News Headlines | Times Now
