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The sinking of the Iranian Navy frigate IRIS Dena by a United States Navy submarine has brought the ongoing war in the Gulf to South Asia’s doorstep, making the vagaries of the conflict more proximate to countries and communities in the Western Indian Ocean.
The US has officially acknowledged that one of its submarines carried out a torpedo attack on the Iranian frigate on 4th March when she was sailing in “international waters” in the Indian Ocean. The site of this engagement is located about 40 nautical miles south of Galle, Sri Lanka. The ship was returning from a visit to India after attending the International Fleet Review held at Visakhapatnam on 18 February. Over a hundred crew members of the ship have been reportedly killed (or missing) in this attack, and about 30 survivors have been rescued by the Sri Lankan Navy. The ship foundered soon after the incident.
The video released by the US Department of War depicts the torpedo attack that leads to an underwater explosion and the loss of the ship. The incident has generated considerable concern and consternation in India, where the public reactions to the ongoing war waged by the coalition of the US and Israel against Iran have been largely disapproving of the perpetuation of the conflict. India’s strategic interests in the region are predicated on political stability in West Asia, the management of long-standing geopolitical rivalries, and the minimisation of armed conflict between regional contestants. India has deep, long-term stakes in the region, covering various dimensions, be it humanitarian (diaspora), economic (growing EXIM trade), energy (oil, gas), or political (cordial/close bilateral relations on opposing sides).
The targeting of IRIS Dena has underscored the discomforting truth that a seemingly distant conflict can expand rapidly and come closer, engulfing a wider geography of adjacent regions, including ocean areas.
It may be useful to analyse the US action in the context of international law. The submarine-launched torpedo attack on IRIS Dena constitutes a serious use of force under international law. It gives rise to an international armed conflict between the United States and Iran. It has not, however, been accompanied by a formal declaration of war by the United States or by any explicit authorisation by the US Congress.
The open admission by the US Secretary of War that a Navy submarine intentionally sank an Iranian frigate in “international waters” (perhaps meaning High Seas) amounts to hostilities between the armed forces of two states, which under common Article 2 of the Geneva Conventions constitutes an international armed conflict (IAC), regardless of any formal declaration of war. The conventions apply even if one of the belligerent powers does not recognise the existence of a state of war. In this case, the US has not declared a “war” formally but has termed the actions as “major combat operations” against Iran.
Under US constitutional law, only the US Congress can “declare war”, but historical precedents show that Presidents have often engaged in large‑scale hostilities without using the term “war”, arguing they are using force short of “war” in the constitutional sense. In practice, therefore, the US and Iran are now in an IAC, even though the United States has not issued a formal declaration of war and continues to frame its actions in different terms.
Under Article 2(4) of the UN Charter, launching a torpedo attack against another country’s warship in international waters would be generally considered an unlawful use of force. Such an action can only be justified in limited situations, mainly self-defence under Article 51 or if authorised by the UN Security Council. At present, no Security Council resolution allows the United States to attack Iranian forces.
When an international armed conflict begins, the rules governing how fighting is conducted and how victims are treated are set out in the Law of Armed Conflict, which also includes International Humanitarian Law. It is covered by the four Geneva Conventions and related customary rules. The Second Geneva Convention of 1949 gives protection to members of the armed forces who are wounded, sick, or shipwrecked at sea. These obligations bind the United States as a party to the Convention and apply regardless of whether the initial use of force was lawful.
Even if the attack were illegal under international law, the US Navy would still have a duty to respect and care for surviving Iranian sailors in this case. It is obligatory on the attacking side to take all possible steps within the limits of its own security to provide assistance and not to interfere with rescue efforts. It must also cooperate with neutral states and humanitarian organisations.
Irrespective of the validity of the US actions in this episode, in India, IRIS Dena will be remembered as a guest who attended the International Fleet Review but didn’t return safely.
The recourse to naval warfare against Iran in the Indian Ocean marks a major escalation of the war by the US. It is not congruent with India’s near or long-term interests and its MAHASAGAR vision of common security and growth in the Indian Ocean. Any further quid pro quo actions at sea by Iran or its proxies in the region will exacerbate the tensions and draw affected parties into a widening arena of military activities, including the use of force.
The Gulf is witnessing an unprecedented situation in which both international civil aviation and maritime trade are severely impaired, without a formal declaration of war. The medium- to long-term consequences for the trend are onerous and could be debilitating for global economic growth and human security. The IRIS Dena episode should serve as a bellwether of the apocalyptic drift and harden the resolve of sane, pragmatic actors in the international community to double down their efforts to end the ongoing conflict. Diplomacy and back-channel outreach need to be given a chance to step in and bring all opposing camps to the negotiating table to find ways to make peace.
Team BharatShakti
