When the Yorktown-class aircraft carrier USS Hornet (CV-8) was sunk during the Battle of Santa Cruz Islands in October 1942, it settled three miles beneath the surface of the South Pacific. Decades later, when deep-sea research teams located the hull in 2019, questions arose regarding ownership and salvage rights. Under international law and the US Sunken Military Craft Act (SMCA) of 2004, the United States Navy asserts permanent sovereign immunity over the wreck.
Sovereign immunity dictates that military vessels remain the property of their flag state indefinitely, regardless of passage of time, location in international waters, or sinking status. Sunken warships are legally considered war graves and sovereign territory rather than abandoned marine property eligible for traditional salvage under maritime law. This legal principle prevents commercial treasure hunters from excavating military sites and guarantees protection for human remains.
The U. S. Navy enforces a strict policy: research and exploration are permitted only with explicit Navy permits, and disturbing or removing any artifact is a federal crime.
Consequently, the USS Hornet remains a protected sovereign sanctuary, forever under the custody of the United States.