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United Nations Convention on Law of the Sea (UNCLOS) is International Law that does establish a legality with respect to territorial right of a country in a sea/ocean. This convention was a result of the third UN Conference (UNCLOS). The priority for the armed forces of any significant naval power was never ever difficult to comprehend with the UNCLOS III. During 1980 it had been described with the American perspective, from no other than Elliot Richardson who at that time was Special Representative of the President for the Law of the Sea Conference as well as the head of the US delegation to UNCLOS III.
Richardson spoke not just for the US side which was obvious, but more importantly his articulation was also on the countries who had a coastline and were interested in projecting power through their navies with respect to their coastline. On 9 April 2021, USS John Paul Jones which is a 9000-ton American guided missile destroyer, this ship floated into the vicinity of Lakshadweep Islands.
Vicinity means not in India’s territorial water (that is 12 nautical miles). So, in this area nobody can come in without taking consent of the Government of India (GOI). Any country’s exclusive economic zone (EEZ) is 200 nautical miles. This ship got 131 nautical miles away from the Indian coast. So, it was inside the Indian EEZ. This had caused consternation because this ship came into India without informing the GOI. And if there were any doubts left the US Navy 7th Fleet issued a statement saying that they had come into Indian EEZ to assert its rights for a freedom of navigation operation. Consternation was in the Indian strategic community that Americans are friends of India and why are they behaving like this? To completely understand this one must go in-depth and understand UNCLOS. Now this International Law goes back to 1982. India ratified this Law in 1995; America has not ratified the law as yet. While they were ratifying the Law, India said that any military vessels coming into its EEZ will require informing the GOI.
So, they are obliged to inform GOI as long as they are only innocent military movements. That is nothing should be done by those vessels which are of military implications. Technically the Americans violated that rule which India had put over the UNCLOS, to make the point (American perspective) that no country has any right to create rules on top of an International Law, which the Americans have not ratified. The essential elements entailed for the passage of a foreign ship which shall be considered to be prejudicial to the peace, good order or security of the coastal state, if in the territorial sea it engages in any of the following activities:-
1) Any threat or use of force against the sovereignty, territorial integrity or political independence of the coastal state.
2) Any exercise or practice with weapons.
3) Any act aimed at collecting information to the prejudice of the defence of any coastline belonging to a country.
4) Any other act not dealing with the passage.
Arun Prakash, former Indian Navy Chief said that this is odd that the Americans come into our EEZ and issue a statement later. Lately, Americans use Khalistan issue as a weapon against India. So, for a terrorist Pannun, the US shields him and promotes him despite his atrocious speeches on India.
At the same time for Pannun, the US is poking into the eye of India by blackmailing with the name of RAW Official (the manner in which the US Department of Justice has behaved with indictments). Under International Law if the West can carry out assassinations on foreign soil (as they repeatedly did earlier), then why cannot India do the same to protect its own national interest? So, in future India cannot rely on US for security in any significant way vis-à-vis China as now US intelligence community will view India suspiciously, therefore intelligence sharing can be affected and maybe broader defence ties too. 1962 War; Nehru was asking warplanes support from Kennedy to fight the Chinese. So, its time India develop its own Rocket Force (as described here); due to current squadron strength of IAF.
Everything in International Relations is transactional, so to trust the Americans would be a big mistake. Americans did provide good intelligence sharing to India when the Ladakh Standoff in 2020 began including winter clothing etc. Donal Trump is not expected to appease the Khalistanis. So, under him the Department of Justice might be undermined which will definitely be in favor of India.
On technology transfer things will remain the same as alike France, US will continue to deny hardcore R&D technology to India as they have invested millions. India needs national security strategy quickly.
These pieces are being published as they have been received – they have not been edited/fact-checked by ThePrint.