WhatsApp Channel Join Now
Telegram Group Join Now

Relevance: GS-II International Relations; GS-III Maritime Security Source: MEA briefing & San Remo Manual, 1994

1 · What happened

In June 2026, the US Navy attacked three foreign oil tankers in the Gulf of Oman to enforce a blockade against Iranian oil. Tragically, three Indian sailors died when a US missile struck the engine room of their ship, the Settebello.
India strongly protested, calling the US representative in New Delhi to demand a full explanation. This is a massive concern because around 18,000 Indian sailors currently work in the volatile Gulf region.

2 · The Law of Naval Warfare

Naval Warfare Law sets the international rules for fighting at sea—dictating which ships can be attacked, searched, or captured. It relies on the Geneva Conventions (1949) and the San Remo Manual (1994) to protect civilian lives.

The Rulebook
San Remo Manual, 1994
The world’s main guidebook on naval war rules. It clearly states that civilian and neutral cargo ships are protected and cannot be directly attacked.
India’s Rights
Diplomatic Protection
When citizens are wrongfully harmed abroad, their home government can step in. India has the legal right to demand answers, compensation, and an independent probe.
When to Attack
Strict Conditions
A neutral ship only loses protection if it secretly carries war supplies or breaks a blockade. Even then, the attacker must issue a warning and the ship must refuse to stop first.
The Disputed Excuse
“War-Sustaining” Goods
The US believes it can target commercial goods (like oil) that fund an enemy’s war. Traditional international law disagrees, treating regular oil as off-limits.

  • Blockade rules: A blockade must be publicly announced and physically enforced. A fake, on-paper-only blockade is invalid.
  • UN Charter limits: The US blockade wasn’t approved by the UN Security Council. The US claims “self-defence” (Article 51), but most global lawyers say this goes too far.
  • Right of Transit: Under UNCLOS, ships always have the right to pass through international straits like Hormuz smoothly, even during a war.
  • Why Hormuz matters: Nearly a quarter of the world’s traded oil passes through here daily. India and China buy about 44% of it, making this a huge energy security issue for us.
  • India’s response: The government announced ₹10 lakh in compensation for the grieving families and demanded safe, uninterrupted passage through the Strait.

UPSC Prelims Quick Facts
UNCLOS, 1982 The “Constitution of the Oceans.” It defines sea zones like territorial waters and the high seas.
Right of Transit Passage The guaranteed right of ships to cross international straits. Coastal states cannot suspend this right.
Jus ad bellum & Jus in bello Jus ad bellum sets the rules on when it’s legal to go to war. Jus in bello sets the rules on how to fight fairly and humanely once war begins.
UN Charter (Art 2 & 51) Article 2(4) bans the use of force between countries. Article 51 allows force only for self-defence.
Operation Sankalp The Indian Navy’s mission to safely escort our commercial ships through the Gulf of Oman.

MCQ Practice
Q. Consider the following statements regarding the law of naval warfare:

  1. The San Remo Manual permits an attack on a neutral merchant ship only after a warning is given and the ship refuses to stop for a search.
  2. Under UNCLOS, a coastal state can suspend the “right of transit passage” through an international strait during a war.
  3. Jus in bello governs how hostilities are conducted, while Jus ad bellum governs the legal right to resort to armed force.

Which of the statements given above is/are correct?
(a) 1 and 2 only    (b) 2 and 3 only    (c) 1 and 3 only    (d) 1, 2 and 3

Answer: (c) 1 and 3 only

  • Statement 1 is Correct: A neutral ship can only be attacked if it’s suspected of carrying war supplies, is warned first, and still refuses to stop.
  • Statement 2 is Incorrect (UPSC Trap): UNCLOS states that the right of transit passage through international straits can never be suspended, even during a war. Only “innocent passage” in territorial waters can be temporarily suspended.
  • Statement 3 is Correct: Jus in bello (justice in war) handles the humane rules of fighting, while Jus ad bellum (justice to war) dictates when starting a war is legal.
Ajmal IAS APSC Foundation Course

Recent Posts

Ajmal IAS APSC Foundation BATCH
Ajmal IAS APSC Foundation Course

Start Yours at Ajmal IAS – with Mentorship StrategyDisciplineClarityResults that Drives Success

Your dream deserves this moment — begin it here.