Freedom of Navigation and International Law of the Sea
The UN Convention on the Law of the Sea (UNCLOS, 1982) is the foundational framework governing maritime activity. Under UNCLOS, warships have the right of innocent passage through territorial waters (12 nautical miles) and complete freedom of navigation on the high seas (international waters beyond 12 nm). The sinking of IRIS Dena occurred in international waters — raising questions about whether the act of war in high seas is legally distinguishable from attacks in territorial waters.
- UNCLOS Article 87: Freedom of the high seas — warships can navigate freely in international waters
- Acts of war between belligerents in international waters: governed by laws of armed conflict (Geneva Conventions, customary international humanitarian law), not UNCLOS
- The Falklands War precedent: Argentina's ARA General Belgrano was sunk by a British submarine in 1982 outside the exclusion zone — controversial under international law
- Non-belligerent states (like India) cannot claim jurisdiction over warship engagements in high seas
- Precedent significance: This is the first US submarine torpedo kill since WWII — a major escalation threshold crossed
● Tracked since March 05, 2026 · last seen June 25, 2026 · updates as the daily brief publishes
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