Relevance: GS II (International Relations & Global Governance) | Source: International Law Editorials

1. The Core Issue: A Maritime Seizure

The United States Navy recently intercepted and seized the Iranian-flagged cargo ship Touska in the Gulf of Oman.

• The US Claim: The action was a “lawful enforcement” of a naval blockade on Iranian ports.
• The Iranian Claim: Tehran condemned the seizure as an act of “piracy” on the high seas.

2. The Legal Dilemma: Peacetime vs. Wartime

The legality of this seizure depends entirely on whether international courts classify the current US-Iran standoff (which recently saw a temporary ceasefire) as peacetime or an active armed conflict.

• If it is Peacetime (UNCLOS Applies): International waters are governed by the 1982 UN Convention on the Law of the Sea (UNCLOS). UNCLOS strictly guarantees the “Freedom of the High Seas.” Under this, a foreign military cannot forcibly seize another sovereign nation’s ship to enforce unilateral economic sanctions. If peacetime rules apply, the US action is illegal.
• If it is Wartime (LOAC Applies): If the conflict is deemed active, UNCLOS is suspended and the Law of Armed Conflict (LOAC) takes over. Under recognized naval warfare codes like the San Remo Manual, a warship has the legal right to visit, search, and capture merchant vessels belonging to the “enemy.” If wartime rules apply, the US action is a legal capture.

3. Significance for Indian Administration

India is heavily reliant on the Sea Lines of Communication (SLOCs) passing through the Gulf of Oman for its energy security. The weaponization of naval blockades threatens global trade. Therefore, India consistently advocates for the absolute sanctity of “Freedom of Navigation” under the UNCLOS framework, opposing unilateral maritime blockades that are not mandated by the UN Security Council.

The UPSC Trap

• The “UNCLOS Ratification” Trap: An exam statement might claim, “The United States is a ratified member of the UN Convention on the Law of the Sea (UNCLOS).” Incorrect. While the US recognizes UNCLOS as “customary international law” and generally follows its navigation rules, it has never formally ratified the treaty.

UPSC Value Box

Key Concept	Simple Meaning
UNCLOS	Often called the “Constitution of the Oceans.” It defines territorial waters, Exclusive Economic Zones (EEZ), and guarantees Freedom of Navigation on the High Seas.
The San Remo Manual	The universally recognized international legal manual governing armed conflicts at sea (naval warfare).
Naval Blockade	A recognized act of war. To be legal under international law, it must be formally declared, effectively enforced, and cannot be used to intentionally starve a civilian population.

With reference to the international laws governing maritime spaces and armed conflict, consider the following statements:

1. Under the United Nations Convention on the Law of the Sea (UNCLOS), the act of piracy is strictly defined as acts committed for private ends by a private ship or aircraft.
2. The United States of America is a founding and formally ratified member of the UN Convention on the Law of the Sea (UNCLOS).
3. The San Remo Manual is a recognized international legal document that compiles the rules of international humanitarian law applicable to armed conflicts at sea.

Which of the statements given above is/are correct?

(a) 1 and 2 only

(b) 1 and 3 only

(c) 3 only

(d) 1, 2 and 3

Correct Answer: (b)