According to the U.S. Navy, The Mk 38 is a 25 mm machine gun system, or MGS, installed for ship selfdefense to counter Fast Attack and Fast Inshore Attack craft.

The IRGCN's dangerous and provocative actions increased the risk of miscalculation and collision. They were not in accordance with the internationally recognized Convention on the International Regulations for Preventing Collisions at Sea (COLREGS) "rules of the road," or internationally recognized maritime customs. They were not in accordance with the obligation under international law to act with due regard for the safety of other vessels in the area.

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