Iran’s detention of U.S. sailors this year is not a violation of the Geneva Conventions, but does violate the international law of innocent passage according to one expert, meaning Iranians who participated could see themselves sanctioned under a new bill introduced this week in Congress.
James Kraska, a law professor at the Naval War College, said that Iran holding the U.S. sailors overnight does not violate the Geneva Conventions since the United States is not at war with Iran. He did, however, say it is a “clear cut” violation of the law of innocent passage, which allows ships to pass through sovereign waters as long as they do not disrupt the peace, good order or national security of that country.
Ten U.S. sailors were detained by Iran on Jan. 12 after accidentally navigating into Iranian waters in the Persian Gulf. Armed Iranians boarded the two Navy riverine boats and kept the sailors overnight, later releasing videos of the sailors crying and apologizing.
A later report found the two boats went off course due to both navigational errors and equipment failure.
Texas Republicans Sen. John Cornyn and Rep. Mike Pompeo introduced the No Impunity for Iranian Aggression at Sea Act on Wednesday. The bill would require the administration to deliver a report to Congress within 60 days on whether Iran broke the Geneva Conventions or the right to conduct innocent passage under international law.
If the administration determined that either law was violated, the bill would require sanctions against each Iranian involved in the detention of the U.S. sailors.
“The scenes of American sailors being taken captive and hauled back to Iranian soil against their will were deeply troubling and Iran’s actions posed a threat not just to Americans in uniform, but to the stability of the entire region,” Cornyn said in a statement. “The U.S. must send a clear message that the regime in Tehran will not be allowed to violate international law with impunity, and in the absence of leadership from the President, Congress will step up to hold them accountable.”
Kraska said the only mechanism to enforce international law is the United Nations Security Council. Absent that, countries can take steps to urge the law-breaking state into compliance, like diplomatic protests.
He said levying sanctions against individuals in cases where laws are broken has “plenty of precedent” and could be a good option to respond to this violation.
“That concept to identify and individually hold responsible people by limiting finical transactions or travel would be a good idea I think,” he said. “It’s some measured level that you can do to try to hold people responsible.”
Still, he said the administration may be reluctant to respond given the recently-implemented nuclear deal.
“Given the political environment, there is no immediate enforcement mechanism with regard to this,” Kraska said.
The bill would also require a certification from the administration about whether the $1.7 billion paid to Iran, which was announced on Jan. 17, was paid as a ransom for the release of either the sailors or the five U.S. citizens released the prior day.
The $1.7 billion payment reportedly settled a legal claim on the sale of military equipment plus decades worth of interest, according to CNN.
