Tussle Between the Us and Iran in the High Seas: Is it a Sign of an Upcoming War?

Abstract

Since 1980’s, there has been a constant strain in the diplomatic relations between the two powerful nations of the world, the USA and the Islamic state of Iran. Whether we look at the Iran- Iraq war of 1980’s or the recent killing of Iran’s superior military commander General Qasem Soleimani, the constant tussle between the two nations have gathered the worldwide attention of the experts who are analyzing the possibility of an “armed conflict” or a “war” in the coming time. This is the recent event which took place in the International water of the Persian Gulf where the Iranian Coast Guard gunboats traversed the American naval ships from an enclosed range. The US claims such perusal as an act of harassment and danger within the limits of high seas. The legal dimensions of this particular event on one hand includes the legality of perusal by the Iranian coast guards and on other hand the use of armed force in the pretext of selfdefense by the US Navy ships. Under the international legal system and principles, the right to defend self has always been a topic of controversy and debate due to its vagueness and over- broadness. However, The US used its mechanisms in consonance to both international as well as its municipal laws. This paper attempts to critically analyze the legal aspect of this Iranian gunboat harassment with special focus on the engagement rules of the US Military laws, humanitarian principles and loopholes in the current settings. The issue came into headlines on April 15, 2020 when eleven Iranian gunboats repeatedly traversed six US navy vessels, from an extremely close range during its joint integration operation with US army Apache helicopters in the international water of the Persian Gulf. The US Navy claimed this approach of IRCG’s gunboats ‘intentional, dangerous and harassing.’ The matter escalated pretty quickly when the US president Donald Trump instructed the Navy to use an aggressive approach including shoot down and destroy the gunboats harassing them if required. This seems to be the most covert threat of using an armed action against Iran since authorizing the targeted attack at the Baghdad International airport killing the former IRCG’s commander General Soleimani earlier this year. The author of this paper intends to examine whether the actions of both the nations stand on the justifiable grounds under the international legal system. Furthermore, particular reference has been given to the standing rules of US military engagement as they are the result of the national enactment of the principles of international law pertaining to armed conflicts, providing an operational and structural framework for any defensive action by US forces.