بهزاد سیفی

The naval conflict has undergone many changes due to environmental factors and various tools, as well as the increasing growth and development of marine technologies, aligned with the inclusion of new tools and methods in naval conflict and electronic warfare at sea. The procedure taken by countries indicates the acceptance of electronic warfare as one of the methods and tools of agreed warfare. However, from the perspective of international humanitarian law, the use of electronic warfare tools and methods is challenging, and international treaty law lacks a legal rule regarding this method of warfare. Indeed, the only guideline that has sought to regulate electronic warfare is the Air and Missile Warfare Directive, which imposes no legal requirements on governments. So the question we are going to answer in this brief is that, can humanitarian law be applied to electronic warfare? The purpose of this study is to explain and investigate the various dimensions of naval electronic warfare from the perspective of international humanitarian law, and proving that international humanitarian law can be applied to the methods and tools of electronic warfare at sea. The research method selected for the present paper is an analytical-explanatory method and the data collection method used is the library research method.

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.