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War Graves: Seas and Oceans

Asked by Sir Desmond SwayneConservativeMinistry of DefenceTabled Answered 17 March 2025UIN 37109

The question

To ask the Secretary of State for Defence, what steps he is taking to protect Royal Navy war graves in international waters.

Answered by Al Carns

The term “war graves” is one which applies to the final resting places of fallen soldiers on land, and locations designated as a war grave by the Commonwealth War Graves Commission.

However, as a matter of customary international law, all naval warships, state vessels and associated artefacts are afforded protection through the principle of Sovereign Immunity. The UK is of the view that, unless expressly relinquished or abandoned by the Flag State, the Sovereign Immunity of the wreck of any Crown vessel remains in place, regardless of where the wreck in question is located, and those who lost their lives in service of our country should be left in situ and undisturbed.

Some warships are also afforded additional protection under the Protection of Military Remains Act 1986.

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