Law of Armed Conflict (LOAC)

When states are engaged in an armed conflict—such as the reported hostilities between Iran and the United States—their conduct during the conflict is governed by the Law of Armed Conflict (LOAC), also known as International Humanitarian Law (IHL).

Jus in Bellum vs Jus ad Bellum

LOAC primarily regulates conduct during warfare, referred to as jus in bello (law in war).
It does not regulate the legality of starting a war, which falls under jus ad bellum, a framework largely governed by the United Nations Charter.

Restrictions in Neutral Waters

Under LOAC, belligerent forces are prohibited from conducting hostile operations in the following maritime zones of a neutral state:

• Internal waters
• Territorial sea
• Archipelagic waters (where applicable)

However, military operations are permitted in maritime zones where neutral states only possess sovereign rights rather than full sovereignty, provided that belligerents respect the legitimate rights of the neutral state.

Operations in the Exclusive Economic Zone

During the reported incident involving the Indian naval ship INS Dena near Galle in Sri Lanka, the engagement occurred within Sri Lanka’s Exclusive Economic Zone (EEZ) but outside its territorial sea.

Since the EEZ grants only sovereign rights over natural resources—not full sovereignty over navigation or military operations, the law of naval warfare allows belligerent states to operate in such areas, provided they respect the neutral state’s rights.

Legal Position

According to the principles of the law of naval warfare, belligerents may undertake operations in any sea area that is not part of a neutral state’s territorial sea, internal waters, or archipelagic waters.

As no violation of Sri Lanka’s rights within its EEZ was reported, the United States Navy’s engagement in the area was considered legally permissible under international law.

Source: IE