What Does USS John Paul Jones (DDG 53) Transit Through Indian EEZ Mean ?

On 7 Apr 21, USS John Paul Jones transited approximately 130 nautical miles west of the Lakshadweep Islands. This area falls within Indian EEZ. Hell has broken lose since then in the media. Government of India, by a MEA statement, has raised concerns through diplomatic channels over the passage of the warship without any notice.

Diplomacy and Security issues are two sides of the same coin in statecraft. Occasionally,  states use one to meet the other’s intended aims. In this case US Navy has intentionally announced its passage through Indian EEZ knowing fully well the loophole in the UNCLOS. It has met its diplomatic intent of letting China know that US doesn’t  spare even its coalition partners when it comes to abiding by rule of the law. In any straight line passage or sea lane of communication from Gulf to Dondra head off Sri Lanka, a vessel will invariably have to pass through the areas in the instant case.

Does it mean that India’s concerns as notified by MEA are not as per the UNCLOS?  Not really. MEA is absolutely right since the same article of the UNCLOS ( Article 58) also specifies that vessels transiting through other coastal state’s EEZ must comply with UNCLOS and “regulations promulgated by coastal state”. And this part of regulation demands prior information to GoI. Action of USS John Paul Jones complies with UNCLOS  but it doesn’t meet coastal state’s regulation. Possibly, these are the loopholes which has prevented US to ratify UNCLOS though it is signatory to the convention. It’s selective application helps the US in punishing a target country.

Article 58 of the UNCLOS ( United Nations Convention on the Laws of the Sea) lays down the rights and duties of other states in the exclusive economic zone ( of another coastal state). It states that in the EEZ, all states, whether coastal or land locked, enjoy, subject to the relevant provisions of this convention, the freedoms referred to in article 87 of Navigation and overflight and of the laying of submarine cables and pipelines, and other internationally lawful uses of the sea related to these freedoms, such as those associated with the operation of ships, aircraft and submarine cables and pipelines and compatible with the other provisions of this convention.

It further states that Article 88 to 115 and other pertinent rules of international law apply to the EEZ in so far as they are not incompatible with this part. It adds a caveat that in exercising their rights and performing their duties under the convention in the EEZ, states shall have due regard to the rights and duties of the coastal states and shall comply with the “laws and regulations adopted by the coastal state in accordance with the provisions of this convention and other rules of international law insofar as they are not incompatible with this part.”

It is this last part of convention which states that the freedom of navigation of ships through EEZ of a coastal state should not only be in compliance with the convention but also of regulations promulgated by the coastal state. In case of India the regulation of state warrants exercises and manoeuvres by warships/submarines of another state in its EEZ be performed with prior notice . The statement issued by HQ 7 th fleet that its destroyer John Paul Jones has exercised her right to freedom of navigation through Indian EEZ without prior intimation is only partially in compliance of the convention. While UNCLOS permits freedom of innocent passage through coastal state’s EEZ, the convention also states that this right should be exercised in accordance with the convention and ‘regulations promulgated by the coastal state’.

In the overall analysis the statement issued by HQ 7 Fleet of  US Navy was unwarranted and uncalled for. Given the naval cooperation between the two navies, the position of the US ship was known at all times from the time it emerged from the Gulf. It appears that the statement was intended to convey to China that the US Navy exercises its right to freedom of navigation through EEZ of even its coalition partners like India and therefore SCS is not an exception.

Vice Admiral Shekhar Sinha,

Former Commander in Chief

Western Naval Command