Iran Violated International Regulations by Detaining American Sailors

Maritime law and international law experts in the United States say that the Islamic Republic of Iran violated international laws and regulations by arresting and detaining 10 American naval sailors. The New York Times, which specializes in news about the U.S. Navy and Coast Guard, reported that according to these experts, Iran's recent action is a dangerous violation of international laws that has not yet elicited a response. According to the New York Times, international maritime law experts state that American vessels have the right to 'innocent passage' through Iranian territorial waters, and under maritime law, the passage of vessels is legal as long as they are not involved in military operations or espionage. Pentagon officials have stated that the American vessels mistakenly entered Iranian waters in the Persian Gulf. Ashton Carter, the U.S. Secretary of Defense, said at a press conference on January 24 that 'it has become clear that the entry of American sailors into Iranian waters was due to a navigational error.' The Secretary of Defense also noted that he does not wish to see Americans detained by a foreign military force, and welcomed their immediate release, stating, 'Keep in mind that the images released were from the perspective of Iranian media.' However, such statements and explanations did not lessen the sharp reactions from critics of the Obama administration, particularly from presidential candidates including Donald Trump, the leading Republican candidate. On January 23, Trump commented on the detention of American sailors by Iranian agents, saying, 'Did you see the poor sailors being yelled at by the Iranian agent? I was saddened to see this scene for our country.' The New York Times quoted a maritime law expert stating that Iran had no legal justification for detaining American sailors using weapons, and this warrants an appropriate response from the U.S. government. James Kraska, a military law expert at the U.S. Naval War College, said, 'The implication of Iran's action is that American vessels have no right to innocent passage, and the absolute immunity of their sailors [in exercising such a right] is not respected.' Ali Fadavi, commander of the IRGC Navy, stated that the entry of American vessels into Iranian territorial waters was due to their navigational systems malfunctioning. Nonetheless, the New York Times referenced reports from Iranian media about a meeting between the Supreme Leader of the Islamic Republic and several members of the IRGC Navy, during which Ayatollah Khamenei praised their actions in detaining the American sailors. Legal experts told the New York Times that according to United Nations maritime law, which Iran has also signed the relevant convention, warships enjoy absolute immunity and can regularly and swiftly pass through the territorial waters of other countries as long as they are not engaged in military operations. Professor Craig Allen, a marine and environmental affairs expert at the University of Washington Law School, stated, 'Iran has the right to inquire about the passage of warships from other countries through its waters, and if it finds the responses unsatisfactory, it still has the right to expel the vessels from its territorial waters, but it does not have the right to detain the vessel and its crew.' Maritime law also allows vessels to dock in foreign ports for repairs if necessary, and in the case of American vessels, the Iranians could have offered necessary assistance, but they did not have the right to board the vessels. In any case, although the detention and release of 10 American naval sailors by Iranian naval personnel ended without any unfortunate incident, the actions of the IRGC continue to be a topic of discussion among Americans.