International Waters & International Law

I'm in the process of creating a realistic mission in the Caucasus region. Howsever, when placing down SAM sites I'm unaware of international law and if a country is allowed to shoot down enemy aircraft in interational waters. AFAIK a country has jurisdiction of 12 miles beyond their shoreline and beyond that it becomes international waters.

So, if a country shoots down an enemy aircraft which is flying over international water am I right in believing that it is tantamount to a war crime? If so it'll assist me on where I can place SAM sites and where I can have tankers safely refuel allied aircraft.

Umm, if two countries are at war, they pretty much have to cross international water (or airspace, or whatever) unless they share a border. War is war. Just not liking each other is not the same thing. From a legal standpoint you need some "provocation", them crossing your border, for example.

Btw, from a legal standpoint the Black Sea is not "international waters". It has very special restrictions that boil down to effectively if a nation does not have a border on the Black Sea, they shouldn't be there. Large warships like aircraft carriers are strictly forbidden, and for foreign ships to cross, their total tonnage must be below a certain point and they can only be there for a very short time. Even war does not automatically change this, as Turkey controls that strait and does NOT guarantee passage to anyone.

In real life, you would not see anyone outside the Black Sea operating warships there, even in war time, unless it was like WWIII level. You would certainly never see an American carrier group or anything even remotely like that in there.

-edit

And before somebody mentions the Kuznetsov, it is not an aircraft carrier in either form or function. It's a heavy cruiser with a flight deck. Basically a Kirov, but with a stretched helo-deck displacing some of the weaponry. Its aircraft are not its primary weapon, and it is exempt from those restrictions because of that.

NATO and other western naval ships are in the Black Sea all the time.

Right now the K is a BBQ...

NATO and other western naval ships are in the Black Sea all the time.

Did you miss the part ''limited tonnage, limited duration'' for non Black Sea nations? The US can dispatch a frigate or two for a brief and very specific time. You do not see battlegroups or carriers in there, as it is strictly forbidden. The normal rules of ''international waters'' do NOT apply there. It has its OWN treaties.

Did you miss the part ''limited tonnage, limited duration'' for non Black Sea nations? The US can dispatch a frigate or two for a brief and very specific time. You do not see battlegroups or carriers in there, as it is strictly forbidden. The normal rules of ''international waters'' do NOT apply there. It has its OWN treaties.

Trust me, I know a little about naval operations in the Black Sea. You had said IRL you wouldn't see anyone outside Black Sea operating warships there, but I can attest that indeed, other nations routinely send warships into the Black Sea, it happens all the time.

In real life, you would not see anyone outside the Black Sea operating warships there, even in war time, unless it was like WWIII level. You would certainly never see an American carrier group or anything even remotely like that in there.

He might have misspoken, but essentially he’s right. Entry for warships is governed by treaty, not a right as for international waters. Aircraft carriers are expressly banned, the Kuz gets in because it’s not officially an aircraft carrier.

Agreed! It’s an interesting geopolitical situation, for sure!

Yes, my wording was slightly off, however remember the context: OP asking about maritime law and a ''realistic scenario''. My point was you would not see foreign warships operating in the Black Sea in significant numbers unless it was a WWIII scenario. A stray frigate or two is not a noteworthy force.

My original post doesn't negate any of that, implying foreign ships were permitted with conditions, but for all intents and purposes, you're not going to have ''realistic'' scenarios involving non-Black Sea powers... because they don't really operate there, aside from token flag waving. There are no NATO battlegroups in the Black Sea, and never have been. Anything remotely approaching that threat level would likely start a shooting war... very possibly with Turkey when it tried to cross the strait in violation of treaty, and most definitely with the Russians. Any fighting would actually take place in the southwest corner of the map, actually, instead of over by Georgia.

I suppose technically you could send one medium sized ship from each nation in the alliance and get one that way... but I doubt 20 warships would be permitted through regardless.

@Weta

And because it's owned by a Black Sea power and not limited by tonnage like foreign ships would be.

I'm in the process of creating a realistic mission in the Caucasus region. Howsever, when placing down SAM sites I'm unaware of international law and if a country is allowed to shoot down enemy aircraft in interational waters. AFAIK a country has jurisdiction of 12 miles beyond their shoreline and beyond that it becomes international waters.

 

So, if a country shoots down an enemy aircraft which is flying over international water am I right in believing that it is tantamount to a war crime? If so it'll assist me on where I can place SAM sites and where I can have tankers safely refuel allied aircraft.

Overall yes. 12Nm form the shore line/ islands are territorial waters = national territory.

National air space is aligned on it.

So from a peaceful situation, shooting down an airplane in international airspace isn't a war crime, but at least kind of war act/ declaration.

Then it depends, fighters are kind of expendable, and there are plenty of cases where fighters are playing with the limits, get shot down but no war is triggered. Sometimes some retaliations, sometimes not…

But once the "hot war" is triggered, international air space won't stand. The air tankers would be placed much farther than 12Nm and behind CAP fighters.

Attacking a ship in international waters is a much more serious business. But again, there are some exceptions (USS Liberty, USS Stark…) depending on political situation, and in shooting war there is no rule anymore (just avoid shooting civilians ship).

You also have the Exclusive Economic Zone (EEZ) 200Nm frome shore line (fishing, oil, gaz whatever…).

If there are less than 400Nm between 2 countries EEZ you split, in the middle.

EXAMPLE UKRAINE CRYSIS italian navy and all nato force enter in black sea.