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Chapter 11: Treatment Of Detained Persons
Chapter 11: Treatment Of Detained Persons
International Law Studies
The Commander’s Handbook on the Law of Naval Operations is used in the United States and throughout the world as a restatement of U.S. doctrinal law positions on matters affecting the operations of the U.S. Navy, the U.S. Marine Corps, and the U.S. Coast Guard. Judge advocates and legal advisers have occasion to conduct deeper research to identify the context and source of the rules reflected in the Commander’s Handbook. Responding to this need, an Annotated Supplement to The Commander’s Handbook was produced in 1997 and published as volume 73 of International Law Studies. In the intervening decades, …
Chapter 12: Deception During Armed Conflict
Chapter 12: Deception During Armed Conflict
International Law Studies
The Commander’s Handbook on the Law of Naval Operations is used in the United States and throughout the world as a restatement of U.S. doctrinal law positions on matters affecting the operations of the U.S. Navy, the U.S. Marine Corps, and the U.S. Coast Guard. Judge advocates and legal advisers have occasion to conduct deeper research to identify the context and source of the rules reflected in the Commander’s Handbook. Responding to this need, an Annotated Supplement to The Commander’s Handbook was produced in 1997 and published as volume 73 of International Law Studies. In the intervening decades, …
Adjusting The Aperture: The International Law Case For Qualifying Unmanned Vessels As Warships, Malgorzata Materna
Adjusting The Aperture: The International Law Case For Qualifying Unmanned Vessels As Warships, Malgorzata Materna
International Law Studies
A number of stakeholders in the international community have advocated for the establishment of restrictions on the development and acquisition of unmanned vessels capable of contributing to naval warfare. These efforts are often based on the notion that the law did not anticipate the existence and use of unmanned vessels, and therefore the drafters of applicable legal frameworks—including the longstanding international law definition of a “warship”—did not consider them. However, this article evaluates, element by element, how unmanned vessels can, should, and already do meet the requirements for the warship designation under international law, based on a reading compatible with …
Neutral State Access To Ukraine’S Food Exports, James Kraska
Neutral State Access To Ukraine’S Food Exports, James Kraska
International Law Studies
This article originally appeared in Articles of War, the online publication of the Lieber Institute at the U.S. Military Academy, May 18, 2022, https://lieber.westpoint.edu/neutral-state-access-ukraines-food-exports/.
Booty, Bounty, Blockade, And Prize: Time To Reevaluate The Law, Andrew Clapham
Booty, Bounty, Blockade, And Prize: Time To Reevaluate The Law, Andrew Clapham
International Law Studies
This article considers the so-called belligerent rights of States in times of war. In particular it focuses on booty of war, blockade, and the capture of merchant ships and their cargo. It is suggested that, while the rules may not often be applied today, they nevertheless continue to exert a certain influence, contributing to confusion about the boundaries of the legitimate use of force and a blurring of the distinction between military objectives and civilian objects.
Considering that the UN Charter has outlawed the use of force, the article also questions why such rules concerning capture should continue to have …
China’S Container Missile Deployments Could Violate The Law Of Naval Warfare, Raul (Pete) Pedrozo
China’S Container Missile Deployments Could Violate The Law Of Naval Warfare, Raul (Pete) Pedrozo
International Law Studies
China is reportedly developing long-range cruise missiles that can be fired from standard shipping containers loaded on merchant vessels. China is also converting heavy-lift civilian ships and roll-on roll-off (RORO) ferries to serve as de facto amphibious assault ships to support People’s Liberation Army (PLA) amphibious operations. While none of these activities are illegal per se, they do raise potential concerns under the law of naval warfare. Only warships can engage in offensive belligerent rights during an international armed conflict. Using merchant vessels to engage in belligerent rights would violate international law unless China first converts the vessels into warships …
Ukraine V. The Russian Federation: Navigating Conflict Over Sovereignty Under Unclos, NilüFer Oral
Ukraine V. The Russian Federation: Navigating Conflict Over Sovereignty Under Unclos, NilüFer Oral
International Law Studies
Following Russia’s annexation of Crimea in 2014, or according to Russia, its accession following a referendum, Ukraine brought several international cases against the Russian Federation, including two cases under Annex VII of UNCLOS: The Dispute Concerning Coastal State Rights in the Black Sea, Sea of Azov, and Kerch Strait in 2016 and The Detention of Three Ukrainian Naval Vessels in 2019. At the center of these disputes is the conflict between Ukraine and Russia over sovereignty of Crimea. Russia contested jurisdiction in all cases invoking different exceptions under UNCLOS, including the argument that the dispute concerns sovereignty over Crimea and …
Encirclement, Deprivation, And Humanity: Revising The San Remo Manual Provisions On Blockade, Tom Dannenbaum
Encirclement, Deprivation, And Humanity: Revising The San Remo Manual Provisions On Blockade, Tom Dannenbaum
International Law Studies
Among the most pernicious trends in contemporary armed conflict is the return of mass starvation in war, in some cases as its primary source of human suffering. This has prompted a renewed focus on the relevant rules of international humanitarian law (IHL). On some issues, there is relative consensus. On the issue of deprivation by encirclement, however, there is confusion.
Some have questioned whether the prohibition on the starvation of civilians as a method of warfare applies to encirclements at all, particularly in the naval context. Others have interpreted the prohibition vanishingly narrowly. In contrast to the more extreme of …
Maritime Autonomous Surface Ships: New Possibilities—And Challenges—In Ocean Law And Policy, Joel Coito
Maritime Autonomous Surface Ships: New Possibilities—And Challenges—In Ocean Law And Policy, Joel Coito
International Law Studies
Landmark developments in autonomous vessel technology have the potential to deliver economic, environmental, and security benefits on the world’s oceans. Tempering the promise of that future is the stark reality that maritime autonomous surface ships (MASS) challenge the existing international order of the seas. This article examines the promise and perils of MASS in three areas of enduring significance to commercial vessels, naval forces, and industry regulators: search and rescue (SAR), maritime counterdrug operations, and navigational safety. This article concludes that autonomous vessel technology will lead to a superior global regime for maritime SAR operations, enhanced detection and interdiction of …
Introduction To The Indo-Pacific Command Paper Series, Raul (Pete) Pedrozo
Introduction To The Indo-Pacific Command Paper Series, Raul (Pete) Pedrozo
International Law Studies
No abstract provided.
Air Defense Identification Zones, Office Of The Staff Judge Advocate
Air Defense Identification Zones, Office Of The Staff Judge Advocate
International Law Studies
No abstract provided.
Archipelagic States, Office Of The Staff Judge Advocate
Archipelagic States, Office Of The Staff Judge Advocate
International Law Studies
No abstract provided.
Military Activities In The Exclusive Economic Zone, Office Of The Staff Judge Advocate
Military Activities In The Exclusive Economic Zone, Office Of The Staff Judge Advocate
International Law Studies
No abstract provided.
General Principles Of The Law Of The Sea, Office Of The Staff Judge Advocate
General Principles Of The Law Of The Sea, Office Of The Staff Judge Advocate
International Law Studies
No abstract provided.
U.S. Position On The U.N. Convention On The Law Of The Sea, Office Of The Staff Judge Advocate
U.S. Position On The U.N. Convention On The Law Of The Sea, Office Of The Staff Judge Advocate
International Law Studies
No abstract provided.
U.S. Protests China's Maritime Claims In The South China Sea, Office Of The Staff Judge Advocate
U.S. Protests China's Maritime Claims In The South China Sea, Office Of The Staff Judge Advocate
International Law Studies
No abstract provided.
Navigational Regimes, Office Of The Staff Judge Advocate
Navigational Regimes, Office Of The Staff Judge Advocate
International Law Studies
No abstract provided.
U.S. Policy On The South China Sea, Office Of The Staff Judge Advocate
U.S. Policy On The South China Sea, Office Of The Staff Judge Advocate
International Law Studies
No abstract provided.
China's Excessive Maritime Claims, Office Of The Staff Judge Advocate
China's Excessive Maritime Claims, Office Of The Staff Judge Advocate
International Law Studies
No abstract provided.
International Straits, Office Of The Staff Judge Advocate
International Straits, Office Of The Staff Judge Advocate
International Law Studies
No abstract provided.
The South China Sea Arbitration Award, Office Of The Staff Judge Advocate
The South China Sea Arbitration Award, Office Of The Staff Judge Advocate
International Law Studies
No abstract provided.
U.S. Freedom Of Navigation Program, Office Of The Staff Judge Advocate
U.S. Freedom Of Navigation Program, Office Of The Staff Judge Advocate
International Law Studies
No abstract provided.
Sailor-Scholar: Remembering Rear Admiral Horace B. Robertson Jr., Jagc, U.S. Navy (Ret.)
Sailor-Scholar: Remembering Rear Admiral Horace B. Robertson Jr., Jagc, U.S. Navy (Ret.)
International Law Studies
This volume is dedicated to the memory of
Rear Admiral Horace B. Robertson Jr.,
JAGC, U.S. Navy (Ret.)
November 13, 1923 – November 19, 2020
The Legal Characterization Of Lethal Autonomous Maritime Systems: Warship, Torpedo, Or Naval Mine?, Hitoshi Nasu, David Letts
The Legal Characterization Of Lethal Autonomous Maritime Systems: Warship, Torpedo, Or Naval Mine?, Hitoshi Nasu, David Letts
International Law Studies
With the rapid advances in autonomous navigation and artificial intelligence technology, naval industries are edging closer to the development of unmanned maritime platforms with lethal autonomous capability—lethal autonomous maritime systems (LAMS). The emergence of LAMS as a sui generis hybrid weapon system will almost certainly generate disagreement on their legal status. Currently, there is no agreement among States as to whether LAMS should legally be characterized as warships or other means of warfare, such as torpedoes and naval mines. This lack of certainty represents a significant deficiency with potential strategic and operational implications if left unresolved. To assist States in …
The Occupation Of Maritime Territory Under International Humanitarian Law, Marco Longobardo
The Occupation Of Maritime Territory Under International Humanitarian Law, Marco Longobardo
International Law Studies
This article explores whether it is possible to apply the law of occupation beyond land territory, to maritime areas characterized here as “maritime territory.” The article argues that the definition of territory under Article 42 of the 1907 Hague Regulations comprises internal waters, territorial sea, and archipelagic waters, whereas other areas such as the continental shelf, the exclusive economic zone, and high seas fall outside the scope of Article 42. Accordingly, internal waters, the territorial sea, and archipelagic waters may be placed under occupation if a hostile force exercises actual authority over them without valid legal title. The article describes …
The Updated Icrc Commentary On The Second Geneva Convention: Demystifying The Law Of Armed Conflict At Sea, Bruno Demeyere, Jean-Marie Henckaerts, Heleen Hiemstra, Ellen Nohle
The Updated Icrc Commentary On The Second Geneva Convention: Demystifying The Law Of Armed Conflict At Sea, Bruno Demeyere, Jean-Marie Henckaerts, Heleen Hiemstra, Ellen Nohle
International Law Studies
Since their publication in the 1950s and 1980s respectively, the Commentaries on the Geneva Conventions of 1949 and their Additional Protocols of 1977 have become a major reference for the application and interpretation of those treaties. The International Committee of the Red Cross, together with a team of renowned experts, is currently updating these Commentaries in order to document developments and provide up-to-date interpretations of the treaty texts. Following a brief overview of the methodology and process of the update as well as a historical background to the Second Geneva Convention, this article addresses the scope of applicability of the …
Duty To Render Assistance To Mariners In Distress During Armed Conflict At Sea: A U.S. Perspective, Raul (Pete) Pedrozo
Duty To Render Assistance To Mariners In Distress During Armed Conflict At Sea: A U.S. Perspective, Raul (Pete) Pedrozo
International Law Studies
In 2017, the International Committee of the Red Cross published an updated Commentary on the Second Geneva Convention. One question left unanswered by the new Commentary is the relationship between international humanitarian law and other international treaties applicable to the maritime domain, such as the U.N. Convention on the Law of the Sea (UNCLOS) and treaties adopted by the International Maritime Organization (IMO). The Second Geneva Convention establishes a legal framework for the humane treatment and protection of victims of armed conflict at sea—the wounded, sick and shipwrecked. There are circumstances, however, in which the belligerents do not have the …
Combat Losses Of Nuclear-Powered Warships: Contamination, Collateral Damage And The Law, Akira Mayama
Combat Losses Of Nuclear-Powered Warships: Contamination, Collateral Damage And The Law, Akira Mayama
International Law Studies
There have been non-combat losses of nuclear-powered warships during sea trials and peacetime patrol missions. Nuclear contamination is spreading from some of these sinking sites. It is also conceivable that combat losses of nuclear-powered warships could cause contamination of civilians, civilian objects and the natural environment. If such combat losses occur at sea, both belligerent and neutral States will have to deal with a difficult question: to what extent and by who can harm resulting from such contamination be compensated for payment of damages. This article examines legal issues stemming from prospective combat losses of nuclear-powered warships from the perspectives …
Exclusion Zones In The Law Of Armed Conflict At Sea: Evolution In Law And Practice, Sandesh Sivakumaran
Exclusion Zones In The Law Of Armed Conflict At Sea: Evolution In Law And Practice, Sandesh Sivakumaran
International Law Studies
This article analyses the changes in the law and practice of exclusion zones in the law of armed conflict at sea. It identifies three principal phases. First, it explores the exclusion zones of the Russo-Japanese War of 1904–1905, which were modest in size and defensive in character. Second, it turns to the exclusion zones of the First World War and several subsequent conflicts. The exclusion zones of this period were fundamentally different to those of the Russo-Japanese war: if a vessel was within an exclusion zone, it was deemed susceptible to attack. The article then turns to the third phase …
Regulation-Tolerant Weapons, Regulation-Resistant Weapons And The Law Of War, Sean Watts
Regulation-Tolerant Weapons, Regulation-Resistant Weapons And The Law Of War, Sean Watts
International Law Studies
The historical record of international weapons law reveals both regulation-tolerant weapons and regulation-resistant weapons, identifiable by a number of criteria, including effectiveness, novelty, deployment, medical compatibility, disruptiveness and notoriety. This article identifies these criteria both to explain and inform existing weapons law, and also to facilitate efforts to identify weapons and emerging technology that may prove susceptible to future law of war regulation. By charting both the history and methodology of weapons law with a view toward identifying forces and influences that have made some weapons susceptible to international regulation and made others resistant, this article offers a starting point …