The Iran-Iraq Conflict in the Gulf: The Law of War Zones

THROUGHOUT the course of the hostilities between Iraq and Iran, merchant shipping in the region has fallen victim to devastating attacks from the forces of both warring States. As the losses suffered by commercial vessels continue to mount, the global community has condemned these raids as flagrant violations of international law. However, the right of innocent passage historically enjoyed by merchant vessels is no longer beyond dispute. Twentieth-century State practice has stood in direct conflict with the traditional international law of naval warfare, belligerent parties seeking to restrict severely the rights of commercial ships in order to permit more aggressive military operations on the high seas. Yet international protest against such activity has attempted to maintain the traditional law in the face of contrasting belligerent conduct. It is for this reason that the present state of the law of naval warfare has been a subject of disagreement among modern legal analysts.