Four Indian seafarers death underlines need to protect maritime order
The killing of four Indian seafarers in the Russia-Ukraine war is tragic. It also signals the erosion of long-standing norms, underpinned by international law, that are meant to protect civilian maritime commerce. The MV Golden Leo, struck by a Russian missile in an attack that killed 10 seafarers in all while departing a Ukrainian port, was not a military vessel but a merchant ship. New Delhi has summoned Russia’s chargé d’affaires and lodged a protest — rightly so, given the loss of Indian lives and India’s stake in the freedom and safety of commerce at sea. In the past few weeks, Indian seafarers, including three aboard the MT Settebello, have been among sailors killed in and around the Strait of Hormuz, as merchant shipping and civilian crews are increasingly caught in the line of fire. The purpose of International Humanitarian Law is to shield non-combatants from the horrors of war. Repeated attacks on shipping suggest that these protections are being increasingly violated, especially when great-power interests are involved. Merchant vessels engaged in civilian commerce cannot lawfully be attacked unless they are being used for military purposes. The MV Golden Leo was reportedly carrying grain when it was struck. The global economy depends on maritime shipping and its continuance even amid conflict. Ukraine remains one of the world’s leading grain exporters, supplying markets across Europe, North Africa and Asia; disruptions across the Hormuz have already exposed the vulnerability of global energy supplies. More than 10 per cent of the world’s seafarers are Indian, many serving aboard foreign-flagged vessels such as the MV Golden Leo (Guinea-Bissau) and the MT Settebello (Palau). Following the deaths of two Indian seafarers in West Asia last week, the Directorate General of Shipping has advised shipowners, ship managers and recruitment agencies against deploying Indian seafarers on voyages through the Strait of Hormuz. These are necessary steps. New Delhi must also defend the norms that protect civilian shipping. When merchant ships become targets, it is not only seafarers who are at risk, but the maritime order that has long kept the world’s commerce afloat.
- 1India's constitutional framework gives the Union executive primary authority over foreign affairs under Article 253 and the Union List (List I, Entry 10 to 21 of the Seventh Schedule), which is why the Ministry of External Affairs, not any state government, summoned Russia's chargé d'affaires over the seafarer deaths. This centralisation ensures a unified national voice in protesting incidents affecting Indian citizens abroad, regardless of which foreign flag the affected vessel sails under.
- 2Geopolitically, the killing of Indian seafarers aboard foreign-flagged ships in both the Russia-Ukraine conflict and near the Strait of Hormuz illustrates how India's large seafaring workforce, deployed globally, exposes it to risk in conflicts where it maintains studied neutrality, including its continued trade and energy ties with both Russia and Gulf states. This dual exposure complicates India's diplomatic balancing act, since protesting attacks too forcefully in one theatre could strain relationships it depends on in the other.
- 3Legally, the protections cited in the editorial derive from International Humanitarian Law instruments including the four Geneva Conventions of 1949 and their Additional Protocols, alongside the UN Convention on the Law of the Sea, 1982, which governs freedom of navigation and the status of merchant vessels versus warships. Attacks on civilian merchant shipping not engaged in military activity constitute violations of the principle of distinction, a cornerstone of IHL requiring parties to a conflict to distinguish combatants from civilians and civilian objects at all times.
- 4Economically, Ukraine remains one of the world's leading grain exporters, and disruption to its Black Sea shipping lanes has previously contributed to global food price volatility affecting import-dependent regions across Africa and Asia, while the Strait of Hormuz carries roughly a fifth of global oil and gas shipments, making it a critical chokepoint for energy security. With more than 10 percent of the world's seafarers being Indian, any escalation in either theatre carries outsized human and economic costs for India specifically, beyond the diplomatic dimension.