Opinion
Neutral Waters, Timeless Laws: Graf Spee, IRIS Dena, and the enduring relevance of neutrality
The story of the German pocket battleship Admiral Graf Spee in 1939 remains one of the most cited lessons in the law of neutrality. During her commerce-raiding mission in the South Atlantic and Indian Ocean between September and December 1939, Graf Spee sank nine merchant ships totalling over 50,000 GRT. Her actions forced the British to deploy multiple hunting groups across vast oceans, culminating in the Battle of the River Plate, where British cruisers HMS Exeter, HMS Ajax, and HMNZS Achilles engaged her. Severely damaged, Graf Spee sought refuge in the neutral port of Montevideo, Uruguay, before being scuttled. This incident highlighted the strict application of neutrality principles under the 1907 Hague Conventions V and XIII—rules still referenced in modern maritime law.
The conventions limited belligerent warship entry into neutral ports to 24 hours, allowed repairs only to restore seaworthiness (not combat capability), and prohibited replenishment beyond provisions for the crew. Neutral states were also responsible for ensuring impartial treatment of all belligerents. The Montevideo episode, often taught in legal and diplomatic schools, resonates today in Sri Lanka, following the sinking of the Iranian naval vessel IRIS Dena and the temporary shelter granted to her accompanying ships, IRIS Bushehr and IRIS Lavan, in Colombo and Kochi, India.
Understanding Neutrality in International Law
Neutrality is the legal status assumed by states that choose not to participate in an armed conflict while maintaining impartial relations with all belligerents. Neutral states refrain from providing military support and undertake obligations to prevent hostilities from spreading through their territory or waters.
The Hague Conventions of 1907, V on land warfare and XIII on naval warfare, codified long-standing customs about the rights and duties of neutral states. These principles are reinforced today by customary international law, the Geneva Conventions, and the San Remo Manual on Naval Warfare, which clarifies modern naval operations involving neutral waters. Neutrality applies only in international armed conflicts between states. By assuming a neutral status, third states commit to abstaining from hostilities and ensuring that their territory and waters are not exploited for military purposes.
Historical Roots
Neutrality evolved to prevent wars from spreading geographically and to protect commerce. By the 17th and 18th centuries, maritime powers began asserting neutral rights, particularly the protection of merchant shipping. The Declaration of Paris (1856) strengthened these protections, recognising neutral flags and codifying blockades. Later, the Hague Peace Conferences formalised obligations to prevent neutral territory from being used as a base for belligerent operations. These frameworks laid the foundation for modern neutrality, balancing sovereignty, commerce, and conflict containment.
Core Principles
The law of neutrality rests on three pillars:
=Abstention – Neutral states must refrain from participating in hostilities or aiding belligerents with troops, weapons, or military facilities.
=Impartiality – Neutral states must apply rules equally, ensuring no belligerent gains an advantage by exploiting neutrality.
=Prevention – Neutral states must stop their territory from being used for military actions, including attacks, recruitment, or establishing bases.
At sea, these principles are codified in Hague XIII, which limits warship stays, repairs, and supplies in neutral ports. Modern interpretations in the San Remo Manual reaffirm these obligations.
Modern Conflicts and “Undeclared Wars”
Today, wars often occur without formal declarations. Military operations, limited strikes, or hybrid conflicts challenge traditional neutrality. Under the Geneva Conventions’ Common Article 2, an international armed conflict exists whenever hostilities occur between states, triggering neutral obligations.
The Russia–Ukraine war illustrates this. Third states face complex decisions, balancing assistance, neutrality, and legal obligations. Similarly, attacks like the sinking of IRIS Dena test neutral states’ ability to uphold the law while responding to regional crises.
Neutrality and Strategic Dilemmas
The Persian Gulf today highlights modern tensions between neutrality law and military realities. Gulf states such as Qatar, Bahrain, Kuwait, and the United Arab Emirates host significant United States military bases that are central to regional security arrangements, yet aim to avoid direct involvement in regional conflicts. Traditional neutrality forbids belligerents from using neutral territory for operations, but permanent military installations complicate matters.
States often adopt “benevolent neutrality,” officially neutral while indirectly supporting one side. Historical examples include U.S. Lend-Lease aid to Allies before entering World War II. Gulf states today may provide logistical or defensive support while avoiding direct combat. Yet the distinction between support and participation is subtle; command centres, intelligence operations, and logistical hubs can implicate neutral states in hostilities if they directly aid military operations.
This ambiguity creates a strategic paradox for Gulf states in the current conflict, trying to stay neutral while hosting major foreign military infrastructure. On one side, such bases offer security guarantees, deterrence, and advanced defensive capabilities. On the other hand, their involvement in military networks that support active hostilities exposes the host states to constant devastating retaliation by Iran and undermines the credibility of neutrality claims. The Persian Gulf thus exemplifies how the classical law of neutrality, developed in an era of geographically limited wars, faces significant challenges.
Indian Ocean Security and Neutral Ports
The conflicts in the Gulf involving Iran carry wider consequences for the Indian Ocean, a historically peaceful maritime zone. Disruption of shipping through chokepoints such as the Strait of Hormuz risks disrupting global trade and triggering an energy crisis and eventually an economic recession should the conflict be prolonged. Iran’s unilateral closure of the Strait of Hormuz, a strategic Strait used for international navigation, let alone sporadic attacks on oil tankers, lacks any legal basis. Under UNCLOS, the Transit Passage is unimpeded, and International Law on armed conflict at sea (Hague Convention XII) prohibits attacks on merchant vessels unless a ship ascertains a military objective. Mining and conducting indiscriminatory attacks on ships, restricting transit passage, is illegal as well.
The Indian Ocean hosts crucial East–West sea routes connecting the Gulf, South Asia, and Southeast Asia. Incidents like the Dena incident highlight the importance of neutrality in maintaining maritime order. By rescuing survivors and controlling port access, neutral states safeguard trade, human lives, and regional stability. The maritime security and freedom of navigation in the Indian Ocean will be at an unprecedented threat in the event of escalation of belligerency at sea through direct or Proxy attacks, which was evident in 2023 through 2024, when merchant vessels were subject to attack using drones both in the air and on the surface. Belligerents may board or search neutral merchant vessels for contraband, and potentially the USA, attempting to exercise an embargo on Iran, with overreach could escalate conflict in the Indian Ocean.
Neutral ports play a key role. Hague XIII restricts belligerent warship stays, repairs, and operations in neutral waters. On 4th March 2026, IRIS Dena, a modern 1,500-ton frigate of the Iranian Navy, was torpedoed by a US Navy Submarine 19 nautical miles off Galle. Sri Lanka Navy recovered 32 survivors and 84 bodies. Her accompanying ships, Bushehr and Lavan, were granted temporary refuge in Colombo and Kochi, in accordance with strict neutrality rules.
Legal Implications
The Second Geneva Convention mandates humane treatment for wounded or shipwrecked forces, regardless of nationality. Neutral states may temporarily intern personnel while preventing the port from being used for military operations. Attacks outside neutral waters are lawful under the San Remo Manual and customary international law, provided they respect the principles of distinction, proportionality, and military necessity and explain the legitimacy of the US submarine to sink IRIS Dena outside the Sri Lankan Territorial Sea.
Neutral states must also regulate repairs and replenishments. Hague XIII allows only what is necessary for seaworthiness, prohibits enhancements to combat capability, and imposes strict time limits. Impartiality is essential: all belligerent vessels must be treated the same. Sri Lanka and India applied these rules with care, preserving neutrality while fulfilling humanitarian duties.
Limits of Innocent Passage
Under UNCLOS, belligerent warships may pass through territorial seas via “innocent passage.” However, damaged ships that actively avoid combat or return to operations may lose this right. Although Article 10 of Hague XIII also allows belligerent warships to be in ‘mere passage’ within territorial waters, Articles 1 and 5, taken together, prevent a belligerent from exploiting neutral waters for protection from the enemy. Coastal states may restrict passage to prevent their waters from becoming tactical corridors. This principle explains why Dena, Bushehr, and Lavan required entry into neutral ports rather than violating neutral seas for safe passage. Neutral states must actively enforce neutrality in their territorial waters. Failure to do so may invite belligerents to intervene, undermining neutrality. In 1940, during World War II, the British destroyer HMS Cossack entered neutral Norwegian waters, boarded the German tanker Altmark, and rescued 300 British prisoners captured by German raiders while the tanker was passing through Norwegian territorial waters.
Lessons from History
The Graf Spee incident in 1939 and the IRIS Dena in 2026 demonstrate continuity in neutrality law. Montevideo and Colombo showed how neutral ports can mediate crises, enforce legal limits on belligerent activity, and offer humanitarian aid while managing diplomatic pressure from belligerent states. Neutrality law, grounded in abstention, impartiality, and prevention, continues to guide states in complex modern conflicts, balancing legal, strategic, and humanitarian considerations. This incident was not the first time Sri Lanka had been in the spotlight for its neutrality. Sri Lanka faced a similar challenge earlier when Pakistan air force planes were permitted to land and refuel in 1976, during the East Pakistan war, after India closed its airspace to West Pakistan. The unique stance taken by the Sri Lankan government was that East and West Pakistan are not belligerent states, and that neutrality, as applied in international armed conflict, was irrelevant.
Conclusion
While warfare has evolved, the principles of neutrality remain vital. Classical laws codified in the Hague Conventions, the Geneva Conventions, and the San Remo Manual remain fully applicable in the 21st century. Coastal states such as Sri Lanka and India demonstrate that adherence to these laws preserves sovereignty, protects lives, and stabilises critical maritime corridors. The IRIS Dena incident is not only a contemporary test of neutrality but also a reaffirmation of its enduring relevance in international law.
The writer is a distinguished naval leader, maritime strategist, and defence academic who served as the 25th Commander of the Sri Lanka Navy, completing nearly four decades of service.
A three-time recipient of the Rana Soora Medal for gallantry, he commanded all major naval vessels and elite units of the Navy and shaped doctrine, including Naval Strategy 2030. As Navy Commander, he strengthened international partnerships, led the Navy’s entry into the Combined Maritime Forces, and advanced digital transformation and was highly effective in counter-narcotics operations.
A scholar with three Master’s degrees, he also champions nautical tourism and youth empowerment, and holds the record for Sri Lanka’s first-ever sea-kayak circumnavigation.
by Admiral Pryantha Perera,
the 25th Commander of the Sri Lanka Navy
Opinion
The shadow of a Truman moment in the Iran war
Wars often produce moments when leaders feel compelled to seek a decisive stroke that will end the conflict once and for all. History shows that such moments can generate choices that would have seemed unthinkable only months earlier. When Harry S. Truman authorised the atomic bombings of Hiroshima and Nagasaki in 1945, the decision emerged from precisely such wartime pressures. As the conflict involving the United States, Israel and Iran intensifies today, the world must ensure that a similar moment of desperate calculation does not arise again.
The lesson of that moment in history is not that such weapons can end wars, but that once the logic of escalation begins to dominate wartime decision-making, even the most unthinkable options can enter the realm of strategic calculation. The mere possibility that such debates could arise is reason enough for policymakers everywhere to approach the present conflict with extreme caution.
As the war drags on, both Donald Trump and Benjamin Netanyahu will face mounting pressure to produce decisive results. Wars rarely remain confined to their original scope once expectations of rapid victory begin to fade. Political leaders must demonstrate progress, military planners search for breakthroughs, and public narratives increasingly revolve around the need for a conclusive outcome. In this environment, media speculation about “exit strategies” or “off-ramps” for Washington can unintentionally increase pressure on decision-makers. Even well-intentioned commentary can shape the climate in which leaders make decisions, potentially nudging them toward harder, more dramatic actions.
Neither the United States nor Israel lacks the technological capability associated with advanced nuclear arsenals. The nuclear arsenals of advanced powers today are far more sophisticated than the devices used in 1945. While their existence is intended primarily as deterrence, prolonged wars have historically forced strategic communities to examine every available option. Even the discussion of such possibilities is deeply unsettling, yet ignoring the pressures that produce such debates can be dangerous.
For that reason, policymakers and societies on all sides must recognise the full range of choices that prolonged wars can place before leaders. For Iran’s leadership and its wider strategic community, absorbing this reality may be essential if catastrophic escalation is to be avoided. From Tehran’s perspective, the conflict may well be seen as existential. Yet history also shows that wars framed as existential struggles can generate the most dangerous strategic decisions.
The intellectual climate in Washington has also evolved. A number of influential voices in Washington now argue that the United States has become excessively risk-averse and that restoring global credibility requires a more assertive posture. Such arguments reflect a broader shift toward the language of renewed deterrence and strategic competition. Yet this very logic can make it politically harder for leaders to conclude conflicts without visible demonstrations of strength.
The outcome of this conflict will also be watched closely by other major powers. In 1945, the atomic decision was shaped not only by the desire to end a brutal war but also by the strategic message it sent to rival states observing the emergence of a new geopolitical era. Today, other significant powers will similarly draw lessons from how the United States manages both the conduct and the conclusion of this conflict.
This is why cool judgment is essential at this stage of the war. Whether the original decision to go to war was wise or ill-advised is now largely beside the point. Once a conflict has begun, the overriding priority must be to prevent escalation into something far more dangerous.
In such moments, the international system can benefit from the quiet diplomacy of actors that retain a degree of strategic autonomy. Among emerging nations, India stands out as a major emerging power in this regard. Despite its energy dependence on the Gulf and deep economic engagement with the United States, India has consistently demonstrated a capacity to maintain independent channels of communication across geopolitical divides.
This unique positioning may allow New Delhi to explore, discreetly and without public fanfare, avenues for de-escalation with Washington, Tel Aviv and Tehran alike. At moments of heightened tension in international politics, the world sometimes requires what might be called an “adult in the room”: a state capable of engaging all sides while remaining aligned exclusively with none.
If the present conflict continues to intensify, the value of such diplomacy may soon become evident. The most important lesson from 1945 is not only the destructive power of nuclear weapons but the pressures that can drive leaders toward choices that later generations struggle to comprehend. History shows that when wars reach their most desperate phases, restraint remains the only safeguard against catastrophe.

(Milinda Moragoda is a former Cabinet Minister and diplomat from Sri Lanka and founder of the Pathfinder Foundation, a strategic affairs think tank, can be contacted via email@milinda. This was published ndtv.com on 2026.03.1
by Milinda Moragoda
Opinion
Practicality of a trilingual reality in Sri Lanka
Dr. B.J.C. Perera (Dr. BJCP) in his article ‘Language: The symbolic expression of thought’ (The island 10.03.2026) delves deeper into an area that he has been exploring recently – childhood learning. In this article he writes of ‘a trilingual Sri Lanka’, reminding me of an incident I witnessed some years ago.
Two teenagers, in their mid to late teens, of Muslim ethnicity were admitted to the hospital late at night, following a road traffic accident. They had sustained multiple injuries, a few needing surgical intervention. One boy had sustained an injury (among others) that needed relatively urgent attention, but in itself was not too serious. The other had also sustained a few injuries among which one particular injury was serious and needed sorting out, but not urgently.
After the preliminary stabilisation of their injuries, I had a detailed discussion with them as to what needed to be done. Neither of them spoke Sinhala to any extent, but their English was excellent. They were attending a well-known international school in Colombo since early childhood and had no difficulty in understanding my explanation – in English. The boys were living in Colombo, while their father would travel regularly to the East (of Sri Lanka) on business. The following morning, I met the father to explain the prevailing situation; what needs to be done, urgency vs. importance, a timeline, prioritisation of treatment, possible costs, etc.
Doctor’s dilemma
The father did not speak any English and in conversation informed me that he had put both his boys into an International School (from kindergarten onwards) in order to give them an English education. The issue was that the father’s grasp of Sinhala was somewhat rudimentary and therefore I found that I could not explain the differences in seriousness vs, urgency and prioritisation issues adequately within the possible budget restrictions. This being the case and as the children understood exactly what was needed, I then asked the sons to ‘educate’ the father on the issues that were at hand. The boys spoke to their father and it was then that I realised that their grasp of Tamil was the same as their father’s grasp of Sinhala!
In the end I had to get down a translator, which in this case was a junior doctor who spoke Tamil fluently; explained to him what was needed a few times as he was not that fluent in English, certainly less than the boys, and then getting him to explain the situation to the father.
What was disturbing was having related this episode at the time to be informed that this was not in fact not an isolated occurrence. That there is a growing number of children that converse well in English, but are not so fluent in their mother tongue. Is English ‘the mother tongue’ of this ‘new generation’ of children? The sad truth is no and tragically this generation is getting deprived of ‘learning’ in its most fundamental form. For unfortunately, correct grammar and syntax accompanied with fluency do not equal to learning (through a language). It is the natural process of learning two/three languages (0 to 5 years) that Dr. BJCP refers to as being bilingual/trilingual and is the underlying concept, which is the title of Dr. BJCP’s article ‘Language: The symbolic expression of thought’.
“Introduction into society”
It is critical to understand at a very deep level the extent and process of what learning in a mother tongue entails. The mother’s voice is arguably the first voice that a newborn hears. Generally speaking, from that point onwards till the child is ‘introduced into society’ that is the voice he /she hears most. In our culture this is the Dhorata wedime mangalyaya. Till then the infant gets exposed to only the voices of the immediate /close family.
Once the infant gets exposed to ‘society’ he /she is metaphorically swimming in an ocean of language. Take for example a market. Vendors selling their wares, shouting, customers bargaining, selecting goods, asking about the quality, freshness, other families talking among themselves etc. The infant is literally learning/conceptualizing something new all the time. This learning process happens continuously starting from home, at friends/relatives’ houses, get-to-gathers, festivals, temples etc. This societal exposure plays a dominant role as the child/infant gets older. Their language skills and vocabulary increase in leaps and bounds and by around three years of age they have reached the so-called ‘language explosion’ stage. This entire process of learning that the child undergoes, happens ‘naturally and effortlessly’. This degree of exposure/ learning can only happen in Sinhala or Tamil in this country.
Second language in chilhood
Learning a second language in childhood as pointed out by Dr BJCP is a cognitive gift. In fact, what it actually does is, deepens the understanding of the first language. So, this-learning of a second language- is in no way to be discouraged. However, it is critical to be cognisant of the fact that this learning of the second language also takes place within a natural environment. In other words, the child is picking up the language on his own. As readily illustrated in Dr. BJCP’s article, the home environment where the parents and grandparents speak different languages. He or she is not being ‘forcefully taught’ a language that has no relevance outside the ‘environment in which the second language is taught’. The time period we (myself and Dr. BJCP) are discussing is the 0 to 5-year-old.
It does not matter whether it is two or three languages during this period; provided that it happens naturally. For as Dr. BJCP states in his article ‘By age five, they typically catch up in all languages…’ To express this in a different way, if the child is naturally exposed to a second /third language during this 0 to 5-year-old period, he /she will naturally pick it up. It is unavoidable. He /she will not need any help in order for this to happen. Once the child starts attending school at the age of 5 or later, then being taught a second language formally is a very different concept to what happens before the age of 5.
The tragedy is parents, not understanding this undisputed significance of ‘learning in/a mother tongue’, during the critical years of childhood-0 to 5; with all good and noble intentions forcefully introduce their child to a foreign tongue (English) that is not spoken universally (around them) i. e., It is only spoken in the kindergarten; not at home and certainly nowhere, where the parents take their children.
Attending school
Once the child starts attending school in the English medium, there is no further (or minimal) exposure to his /her mother tongue -be it Sinhala or Tamil. This results in the child losing the ability to converse in his/her original mother tongue, as was seen earlier on. In the above incident that I described at the start of this article, when I finally asked the father did he comprehend what was happening; his eyes filled with tears and I did wonder was this because of his sons’ injuries or was it because his decisions had culminated in a father and a son/s who could no longer communicate with each other in a meaningful way.
Dr BJCP goes on to state that in his opinion ‘a trilingual Sri Lanka will go a long way towards the goals and display of racial harmony, respect for different ethnic groups…’ and ‘Then it would become a utopian heaven, where all people, as just Sri Lankans can live in admirable concordant synchrony, rather than as a splintered clusters divided by ethnicity, language and culture’. Firstly, it must be admitted from the aspect of the child’s learning perspective (0 to 5 years); an environment where all three languages are spoken freely and the child will naturally pick up all three languages (a trilingual reality) does not actually exist in Sri Lanka.
However, the pleasant practical reality is that, there is absolutely no need for a trilingual Sri Lanka for this utopian heaven to be achieved. What is needed is in fact not even a bilingual Sri Lanka, but a Sri Lanka, where all the Sinhalese are taught Tamil and vice versa. Simply stated it is complete lunacy– that two ethnic communities that speak their own language, need to learn another language that is not the mother tongue of either community in order to understand one another! It is the fact that having been ruled by the British for over a hundred years, English has been so close to us, that we are unable to see this for what it is. Imagine a country like Canada that has areas where French is spoken; what happens in order to foster better harmony between the English and French speaking communities? The ‘English’, learn to speak French and the ‘French’ learn to speak English. According to the ‘bridging language theory of Sri Lanka’, this will not work and what needs to happen is both communities need to learn a third language, for example German, in order to communicate with one another!
Learning best done in mother tongue
eiterating what I said in my previous article – ‘Educational reforms: A Perspective (The Island 27.02.2026) Learning is best done in one’s mother tongue. This is a fact, not an opinion. The critical thing parents should understand and appreciate is that the best thing they can do for their child is to allow/encourage learning in his/her mother tongue.
This period from 0 to 5 years is critically important. If your child is exposed naturally to another language during this period, he /she will automatically pick it up. There is no need to ‘forcefully teach’ him /her. Orchestrating your child to learn another language, -English in this instance- between the ages of 0 to 5 at the expense of learning in his /her mother tongue is a disservice to that child.
by Dr. Sumedha S. Amarasekara
Opinion
Tribute to Vijitha Senevirathna
APPRECIATION
On Friday, the 20th of March, Vijitha Senevirathna would have celebrated his 85th birthday if not for his sad passing away nearly a year ago.
The passing of Vijitha was a moment of great sorrow to all who knew him.
He was my classmate from Montessori to pre-university at Maris Stella College, Negombo. As a Maristonian, Vijitha excelled in his academic studies.
Eventually, he entered the Law College and practised as an Attorney-at-Law and Notary Public for over 50 years.
As an Attorney-at-Law, Vijitha earned the respect of the judiciary and a wide circle of clients. He upheld the highest and most cherished values of the legal profession and earned the trust of all who knew him. His 50th anniversary in the noble profession of law was celebrated with much pageantry, amidst a distinguished gathering of friends, relations, clerics, and the rich and famous of Sri Lanka.
Vijitha dearly loved his proud wife Nirmali and his six children, who are in the highest professions in Sri Lanka. He inculcated among his children professional efficiency, diligence, and honesty.
We who associated closely with Vijitha miss his warm friendship, sense of humor, and animated conversation. He was a raconteur, and people gathered around him and listened to his narrations and tales of yore, especially at the many celebrations at his residence in Dehiwala, where the waters of Scotland flowed generously.
I have personally admired Vijitha’s patience, grit, and lifetime achievements, despite a physical dysfunctionality he suffered over his lifetime.
For Vijitha, the song has ended, but the melody lingers on, in the words of the popular composer Irving Berlin.
Merrick Gooneratne
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