The Legitimacy of Using Naval Mines Technology during Peacetime in the Light of Developments in International Law of the Seas

Document Type: Original Article

Author

Assistant Professor of Law, Department of Law, Imam Khomeini Maritime Sciences University, Mazandaran, Iran

Abstract

Naval mining technology is one of the tools that have a dual function. And an effective tool in times of peace and crisis as well as during the war that the eighth convention of The Hague in 1907 has regulated the use of contact mines during the armed naval conflict. Nevertheless, pouring sea mines during peace time is a legal choice for governments in the waters and their territorial sea, and even in their international territories. But, dumping at sea in times of peace and in crisis situations is a danger, and in fact, in each of the maritime territories, it is in contrast to freedom and the right to transit, as well as peaceful freedom of movement, which is extremism and the issue in this regard could be a threat to international peace and security. Nevertheless, new mine technologies can somewhat prevent the risks and the obligations of governments, depending on the type of mine, also vary. Therefore, this paper discusses the legitimacy of the use of sea mine technology in peacetime in the light of developments in the international law of the seas and the opinions of the International Court of Justice. And proves the relationship of this kind of technology to ensure the security of the coastal state and pre-crisis will be timely and valuable; this type of strategy and technology within the framework of legal constraints, international law is justifiable. Research method of this paper is analytical-compilation method and data collection method is library-documentary method.

Keywords

Main Subjects


Article Title [French]

En cours

Keywords [French]

  • mines navales
  • droit international de la mer
  • nouvelles technologies
  • paix
Books:

- Abbasi, Seyed Bagher, Sadat Midani, Seyyed Hossein, (2013), International Proceedings, Volume II, Third Edition, Tehran Publication, Tehran.

- Churchill, Robin, Leo, Alan, (2011), Laws of the Seas, Translation by Bahman Aghaei, Sixth Edition, Ganj Danesh Publications, Tehran.

- Gatry, Andre, Ronzitti, Natalyno, (1995), Iran-Iraq War (1980-1988), and War of Naval Rights, translated by Hamid Reza Malek Mohammadi Noori et al., Ministry of Foreign Affairs publication, Tehran.

- Kalshoven, Frits, (2011), Constraints on the Waging of War: An Introduction to international humanitarian law, International Committee of the Red Cross, Cambridge Universiry Press.

- Klein, Natalie, (2011), Maritime Security and The Law the Sea, Oxford univ, Press.

- Malcolm, N. Shaw, (2016), International Law of the Sea, Looking at Iranian Issues, Translation and Compilation: Alireza Ebrahimgol, Hasan Khosroshahi, Khorsandi Publishing, Tehran.

- N., Ronzitti, (1988), The Law of Naval Warfare: A Collection of Agreements and Documents with Commentaries, Kluwer Academic Publisher.

- Naval Mine Warfare: Operational and Technical Challenges for Naval Forces, (2001), NATIONAL ACADEMY PRESS Washington, D.C., "http://www.nap.edu/catalog/10176.html".

Articles:

- Arashpour, Ali Reza, (winter 2003 and spring 2004), "The issue of crossing warships from different maritime areas",  jurisprudential views Nos. 30 and 31.

- Arashpour, Alireza, (spring and summer of 2001), "The rights of seas and military activities in the exclusive rights of seas and military activities in the exclusive economic zone", Journal of Legal Perspectives, Nos. 21 & 22.

- Agaei, Bahman, (autumn and winter of 1987), "The military aspects of the 1982 Maritime Law Convention," Journal of Legal Studies and Judicial Studies, Nos. 11 and 12.

- Ashley, Roach, J., (2002), "Legal Aspect of Modern Submarine Warfare," Max Planck Yearbook of United Nations Law, Volume 6.

- Beigezadeh, Ibrahim, (20 and 21 December 1392), "A Prelude to the Laws of the Seas," Proceedings of the International Law Conference on the Law of the Sea, Publishing, Tehran.

- Bennet, Chris, (1998), "Mine Warfare at sea,"  African Security Review, vol. 7, no. 5, at 2.

- Jonson, Niklas Bergdahl , (Spring 2008), "Legal Issues on Self-Defense and Maritime Zones in Naval Operations", Master thesis, FACULTY OF LAW University of Lund.

- JAMES, DEREK, FARRANT, (2015), "Modern Maritime Neutrality Law,"  Durham theses, Durham University, Available at Durham E-Theses Online: http://etheses.dur.ac.uk/11006.

- Kazemi, Ali-Asghar, (D & Esfand 1987), "The Status of Naval Warships in the Law of the Sea", Foreign Policy Magazine, No. 1.

- Kellenberger, Jakob, (September 2011), "Keynote address," International Humanitarian Law and New Weapon Technologies, Editor Wolff Heintschel von Heinegg and Gian Luca Beruto.

- Mahmoudi, Sihed hadi, Afkham, Arefeh Rusto, (Spring 2018), Conflict of the US Naval Freedom Program and China's Governorate Claim in China's South China Journal of Legal Studies, University of Shiraz, Volume 10, No. 1.

- Miasnikov, Eugene, (September 2011),"Operational advantages and risks in the use of UAVs," International Humanitarian Law and New Weapon Technologies, Editor Wolff Heintschel von Heinegg and Gian Luca Beruto.

- Moreno, Maurizio, (September 2011), "Opening remarks; International Humanitarian Law and New Weapon Technologies," Editor Wolff Heintschel von Heinegg and Gian Luca Beruto.

- Macfarlane, Douglas, (2017), The Slave Trade and the Right of Visit under the Law of the Sea Convention: Exploitation in the Fishing Industry in New Zealand and Thailand, 7, Asian Journal of International Law, available at: https://doi.org/10.1017/S2044251315000235

- Pateraki, Maria –Christina, (2015), "Eradicating the use of sea mines, Disarmament and International Security Committee (GA 1)," (Costeas-Geitonas School Model United Nations.

- Pocar, Fausto, (September 2011), "Preface," International Humanitarian Law and New Weapon Technologies, Editor Wolff Heintschel Von Heinegg and Gian Luca Beruto.

- Rassou, Charles, (1990), Armed Conflict Rights, Translation by Seyyed Ali Hanjani, Volume I, First - Printing, (Tehran, Office of International Law Services.

Stephens, D.G., Fitzpatrick, M.D., (1999), "Legal Aspects of the Contemporary Naval Mine Warfare," 21 Loy. L.A. Int'l& Comp. L. Rev. 553.

- Scott C., Truver, (Spring 2012), "Mine Warfare in China’s Near Seas," Naval War College Review, Vol. 65, No. 2.

- Schmitt, Michael N., (1997), "The Law of the Sea and Naval Operations," the Air Force Law Review, Volume 42.

- Shalaby, Soad, (September 2011), "New conflicts, new technologies: the challenge of the protection of the civilian population;" International Humanitarian Law and New Weapon Technologies, Editor Wolff Heintschel Von Heinegg and Gian Luca Beruto.

- Seyfi, Behzad, Sharifi Tarazkouhi, Hossein,  Rouhani, Karen, and Nasiri Larimi, Reza, (2018), "The Challenges of the Law Governing the Use of Mining in Marine Warfare in the Light of New Technologies and Techniques,", Quarterly Journal of Private and Criminal Law Research No. 34, at 54.

- Truver, Scott C., (Spring 2015), "U.S. navy mine warfare champion," Naval War College Review, Vol. 68, No. 2.

- Von Heinegg, Wolff Heintschel, (2009), “The International Legal Framework of Submarine Operation”, Yearbook on Human Right.

- Von Heinegg, Wolff Heintschel. (2005), “The United Nation Convention On the Law of the Sea and Maritime Security Operations,” Germany Yearbook International Law.

- Van Heinegg, Wolf Hinchesl, (2008), "Armed Conflict Rights at Sea," Humanitarian Law in Armed Conflict," translation of Sayyid Qasem Zamani, and Nader Sa'ed, edited by Diter Falc, (Tehran, Cayman Dashtan Publications.

- Zamani, Seyyed Qasem, ((2007)), "The Judicial Policy of the International Court of Justice in relation to the Prohibition of Access to Justice", Proceedings of the Proceedings of the International Court of Justice in the Continuation and Development of International Law, the Iranian Association for the Study of the United Nations , Tehran.

- Zamani, Seyyed Qasem (Winter 1996), "Law of the Naval Warfare and New Developments," Defense Policy Magazine, No. 17.

- Ziaei Bigdeli, Mohammad Reza, (1994), War Law, Tehran University, Allameh Tabatabaee University Press, Tehran.

Research:

- International Security Department Workshop Summary, (October 2014), "International Law Applicable to Naval Mines," Chatham House the Royal Institute of International Affairs.

Thesis:

- Cashman, T. Michael, (December 1994), "Sweeping Changes for Mine Warfare: Controlling the Mine Threat," Master of Arts in National Security Affairs from the Naval Postgraduate School.

- Mundis, Daryl A, (May 2008), "The Law of Naval Exclusion Zones," A Thesis Submitted for the Degree of Doctor of Philosophy, University of London The London School of Economics and Political Science Law Department.

Documents:

- DEPARTMENT OF DEFENSE LAW OF WAR MANUAL, (JUNE 2015, "OFFI CE OF GENERAL COUNSEL DEPARTMENT OF DEFENSE United State America," (Washington DC).

- The United Nations Convention on the Law of the Sea (UNCLOS), 1982, UN Doc.

The Manual Humanitarian Law in Armed Conflicts, (August 1992), edited by The Federal Ministry of Defense of the Federal Republic of Germany VR II 3.

- The San Remo Manual on International Law Applicable to Armed Conflicts at Sea, International Institute of Humanitarian Law, June 1994.

- The Commander’s Handbook on the Law of Naval Operations, U.S. Navy NWP 114M, U.S. Marine Corps MCWP 5-12.1, U.S. Coast Guard COMDTPUB P5800.7A, 2007.

- The 1907 Hague Convention VIII Relating to the Laying of Automatic Submarine Contact Mines.

Cases Law:

- Corfu Channel case (UK v Alb.) 1949 I.C.J. (9 April), I.C.J Reports 4.

- Military and Paramilitary Activities in and against Nicaragua (Nicar. V US) 1986 I.C.J. 14 (27 June).

R