EAM Jaishankar calls Marco Rubio on sailor deaths, US stands by attacks
India escalated its protest over US military strikes on commercial vessels carrying Indian crew in the Gulf of Oman, with the Minister of External Affairs di...
What Happened
- India escalated its protest over US military strikes on commercial vessels carrying Indian crew in the Gulf of Oman, with the Minister of External Affairs directly calling his US counterpart to reiterate India's position.
- The EAM stated: "Such lethal actions against commercial shipping are not justified," reflecting India's consistent position that civilian shipping must not be targeted regardless of cargo disputes.
- The US Secretary of State upheld the strikes, asserting that violations of the US naval blockade of Iranian ports would not be tolerated.
- The US Central Command had targeted at least three vessels — Marivex, Settebello, and Jalveer — between June 8–11, 2026, on grounds that they were attempting to transport Iranian oil in violation of the US blockade.
- India had already summoned the US Charge d'Affaires twice before the ministerial-level call, signalling the seriousness with which New Delhi views the deaths of its nationals.
Static Topic Bridges
UNCLOS and Freedom of Navigation on the High Seas
The United Nations Convention on the Law of the Sea (UNCLOS), adopted in 1982 and in force since 1994, is often called the "Constitution of the Oceans." It codifies the legal framework for all maritime activities and is the primary reference for resolving disputes over freedom of navigation.
- Article 87(1) of UNCLOS provides that the high seas are open to all states and that freedom of navigation is one of the core freedoms of the high seas.
- Article 87(2) requires states to exercise high seas freedoms with due regard for the interests of other states.
- Article 90 grants every state the right to sail ships flying its flag on the high seas.
- UNCLOS defines maritime zones: Internal Waters, Territorial Sea (12 nautical miles), Contiguous Zone (24 NM), Exclusive Economic Zone (200 NM), and the High Seas beyond.
- The right of innocent passage through territorial seas is codified in Article 17; transit passage through international straits is in Article 38.
- The US has not ratified UNCLOS but claims to operate under its customary international law provisions.
Connection to this news: The strikes on commercial vessels in the Gulf of Oman — international waters — directly engage Article 87's freedom of navigation guarantee. India's protest draws precisely on this UNCLOS framework to argue that unilateral blockade enforcement through lethal strikes on civilian shipping violates international maritime law.
Naval Blockade Under the Law of Naval Warfare
A naval blockade is the use of naval forces to prevent ships from entering or leaving an enemy's ports. While recognized under the laws of armed conflict, a lawful blockade must meet specific requirements derived from the Declaration of Paris (1856), the London Declaration (1909), and customary international law.
- A lawful blockade must be formally declared and notified to neutral states.
- It must be effectively enforced and applied impartially to vessels of all states.
- It must not cut off access to neutral states' essential goods disproportionately (the principle of non-starvation).
- Neutral vessels carrying contraband may be subject to seizure and prize proceedings — but the legal threshold for use of lethal force against neutral civilian vessels is significantly higher.
- The US naval blockade of Iran was imposed on April 13, 2026; a UN Security Council resolution to protect commercial shipping was vetoed by Russia and China on April 7, 2026.
Connection to this news: India's position — that lethal action against commercial shipping is unjustified — is grounded in the distinction between lawful interdiction (seizure and prize proceedings) and unlawful use of lethal force against neutral civilian crews. This is the exact legal tension the India-US standoff illuminates.
Flag State Responsibility and Crew Protection
Under UNCLOS and customary international law, the flag state — the country under whose flag a vessel is registered — bears primary jurisdiction over that vessel on the high seas and is responsible for ensuring compliance with international law aboard its ships.
- Article 94 of UNCLOS codifies flag state obligations: flag states must effectively exercise jurisdiction and control in administrative, technical, and social matters over ships flying their flag.
- When a vessel is attacked or lost, the flag state has primary standing to protest; the crewing state (India in this case) has parallel standing to seek consular protection for its nationals.
- India's crew on these vessels were employed on ships registered under Palau and Guinea-Bissau — third-country flags — making India's protest one based on the nationality of crew rather than flag state rights.
- India's standing to protest is grounded in the customary international law right to protect nationals abroad, supplemented by the Vienna Convention on Consular Relations.
Connection to this news: The involvement of third-country-flagged vessels carrying Indian nationals highlights the difference between flag state rights and crewing state rights — a nuance the UPSC may test in questions about maritime jurisdiction and state responsibility.
Key Facts & Data
- UNCLOS adopted: December 10, 1982, Montego Bay, Jamaica; entered into force: November 16, 1994.
- Article 87(1) UNCLOS: freedom of navigation as a high seas freedom.
- US naval blockade of Iran imposed: April 13, 2026.
- Vessels struck: Marivex, Settebello (3 Indian sailors killed), Jalveer.
- The Strait of Hormuz: approximately 33 km at its narrowest; ~20 million barrels/day of oil transit (20% of global petroleum consumption).
- UN Security Council resolution on commercial shipping vetoed by Russia and China: April 7, 2026.
- India ratified UNCLOS in 1995.