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What is Article 10 of the 1991 treaty at the centre of Pakistan Navy's 'unprofessional conduct'

What is Article 10 of the 1991 treaty at the centre of Pakistan Navy's 'unprofessional conduct'

Photograph: (Pakistan Navy)

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India has cited Article 10 of the 1991 India-Pakistan agreement after a collision involving PNS Hunain in the North Arabian Sea, saying the Pakistani vessel violated the treaty’s three-nautical-mile safety rule.

India’s protest after Tuesday's collision in the North Arabian Sea is built around a single clause in a 35-year-old treaty. Article 10 of the April 1991 Agreement on Advance Notice on Military Exercises, Manoeuvres and Troop Movements says naval ships and submarines of India and Pakistan “are not to come closer than three nautical miles from each other so as to avoid any accident while operating in international waters.” Three nautical miles is about 5.6km. The rule is a buffer, not a gesture.

On the high seas, there is no visible border. Distance is meant to give both sides time to identify the other ship, use the radio and change course before a close encounter becomes a crisis.

New Delhi says that buffer was ignored again on 15 September. According to the Indian side, PNS Hunain, a Yarmook-class offshore patrol vessel, shadowed an Indian warship on a routine surveillance mission about 220km east of Oman, did not heed repeated calls on Channel 16, increased speed and cut across the Indian ship’s bow from starboard. The vessels made contact.

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India says its ship was not damaged by PNS Hunain returned to harbour with "severe damage". Pakistan has not issued a detailed public statement. India has called the manoeuvre “unacceptable and unprofessional” and a “direct contravention” of Article 10.

A similar incident happened in June 2011. INS Godavari and PNS Babur came into contact in the Gulf of Aden while both were near MV Suez, a merchant ship recently released by Somali pirates. Then defence minister A.K. Antony told parliament that Babur closed Godavari at high speed from astern and carried out a manoeuvre “in gross violation” of navigational safety rules, lightly damaging a helicopter-deck safety net.

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India protested under both the International Regulations for Preventing Collisions at Sea and Article 10. A video later circulated of the two ships brushing. Pakistan rejected that account at the time.

Two collisions, 15 years apart, do not by themselves prove a standing doctrine. What they do show is a recurring argument over the same measurable rule. Pakistani ship chose the geometry- from astern in 2011, across the bow in 2026, after the Indian vessel was already in the area- and contact followed. What followed was a collision & a conduct unbecoming of the Navy, in this case, the Pakistan Navy.

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Siddhant Sibbal

Siddhant Sibbal, covers diplomacy and defence for WION since 2018. He has been charting Indian diplomacy, including India's rise on the global stage. He has covered major internati...Read More