International Law Framework: Peacetime vs Wartime Laws Explained

Understand the difference between peacetime and wartime legal regimes under International Law—covering principles of International Humanitarian Law and global legal norms governing states.

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Context: The legality of the U.S. seizure of an Iranian ship (Touska) depends on whether the situation is treated as peacetime (ceasefire) or wartime (ongoing armed conflict), since different international legal regimes apply.

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U.S. Position (Wartime Interpretation): The United States argues that the conflict with Iran remains an active armed conflict as a ceasefire is only a temporary pause; therefore, actions like naval blockade and seizure of vessels are justified (under Law of Armed Conflict (LOAC).
Iran’s Position (Peacetime Interpretation): Iran contends that the ceasefire is a peacetime condition, making U.S. actions like blockade and ship seizure, an act of “piracy” or ceasefire breach.

International Law Framework (Peacetime vs Wartime)

Situation	Legal Framework / Doctrine	Explanation
Peacetime	UNCLOS (United Nations Convention on the Law of the Sea, 1982)	Ensures freedom of navigation on high seas and restricts use of force, meaning foreign navies cannot board or seize ships to enforce unilateral sanctions, making such actions a violation of maritime law.
Peacetime	UN Charter (Article 2(4))	Prohibits threat or use of force against any state, allowing exceptions only in self-defence or with UN Security Council approval, thus restricting unilateral military actions.
Wartime	San Remo Manual (1994 Naval Warfare Rules)	Paragraphs 118 and 135 of the manual grant ‘belligerent’ warships the right to visit and search merchant vessels while providing provisions for the capture of enemy-flagged vessels.
	Prize Law	Allows capture and legal adjudication of enemy ships and cargo, enabling transfer of ownership through courts during wartime. It is, though, rarely used today.
	US Naval Doctrine (Commander’s Handbook)	Allows targeting and capture of enemy vessels beyond neutral waters, and if a ship resists or ignores warnings, it may be treated as a legitimate military target.
	Geneva Convention Principles	Mandates proportionality and precaution, requiring minimisation of civilian harm and ensuring military actions are necessary and not excessive.

Way Forward

Clarifying Conflict Status: Clearly define whether situations are ceasefire or active conflict, as legal ambiguity leads to misuse of both peacetime and wartime laws.
Developing Clear Maritime Norms: Update and codify laws like the San Remo Manual to address modern conflicts (hybrid warfare, blockades during ceasefires).
Enhancing Dispute Resolution Mechanisms: Use international platforms like the ICJ and arbitration tribunals for resolving maritime disputes instead of unilateral enforcement.