Commodore (retd) R.S. Vasan
AT THE OUTBREAK of hostilities, India was willing to provide sanctuary to three Iranian warships. Following the request on February 28 for the docking of the IRIS Dena, the permission was given within a day. To argue that we were responsible for the safety of these units as they were our guests has no basis. Warships do not require help.
The Dena, which was close to Sri Lanka, apparently requested entry. As per reports from Sri Lankan media, the ship remained in international waters for 11 hours, and was sunk. The US submarine reportedly warned the crew to abandon ship. Apparently it is those members of the crew who were for abandonment that survived. On receiving an SOS, the Sri Lankan navy rushed to provide aid, saving 32 sailors and recovering 87 bodies.
One warship, Bushehr, is now docked in Sri Lanka’s Trincomalee and another, Lavan, in Kochi. The US Navy has asked Sri Lanka not to repatriate the survivors.
While this is the actual situation, plenty of discussions have taken place related to the attack’s legitimacy and India’s role in it. The legality, which is mired in controversies, is based on jus ad bellum (the right to use force) and the obligations of the masters of vessels to rescue survivors at sea, which in this case was not honoured by the captain of the submarine. Instead, the US submarine moved away from the scene, possibly to remain undetected.
With the sinking, there are fears that the war has reached our backyard. People who criticise India seem to forget that the Indian Ocean region has witnessed the presence of submarines in warm waters during the cold war and the presence of extra regional players is a daily occurrence. Moreover, the detection of submarines continue to be a challenge for all navies of the world.
India has discharged its duties in coordinating with Sri Lanka and ensuring that help and succour was provided immediately. In terms of the United Nations Convention on the Law of the Sea, the US, which has not ratified the treaty, claims that it complies with the provision of the UNCLOS and does not respect “excessive claims” by other nations.
The permission for the Iranian war ship to dock in Kochi is a legitimate action by a neutral country. The Logistics Exchange Memorandum of Agreement between India and the US, which has been dragged in to the controversy, does not imply India has joined the war. At best, the provisions of the LEMOA would allow for some fuelling or repairs if and when required. It did not mean that information on any unit would be shared with the US navy in times of conflict as there is no military alliance with the US Navy. Considering the number of US bases in the Middle East and military facilities on the island of Diego Garcia, it is unlikely that the US needs any help from India.
The author is the director general of the Chennai Centre for China Studies.