Part V

Measures Short of Attack: Interception,

Visit, Search, Diversion and Capture

Total Sections: 7
Total Articles: 47 (112-158)

1
 Sec 1: Determination of Enemy Character of Vessels
and Aircraft

112
• Enemy Character
• Flying the flag of enemy State (MV), bears the marks of enemy State
(A/C)
113
• Neutral Character

114 • Flying the flag of a neutral State (MV), bears the marks of a neutral
State (A/C)
115
• If the commander (of a warship/mil ac) suspects, he is entitled to
exercise the right of visit and search (MV), & interception (A/C)
116

• After visit and search, if reasonable ground- MV or A/C may be captured

117

2
 Sec 2: Visit and Search of Merchant Vessels

118 • A right outside neutral waters; required a reasonable ground to suspect

119 • Alternative: with consent diverting from declared destination

• A neutral MV is exempt if
120 • Bound for a neutral port
• Under the convoy of an accompanying neutral warship

• If unsafe at sea, MV may be diverted to an appropriate area or port.

121
• Belligerent States may establish reasonable measures to avoid visit &
122 search.
124
• Neutral States are encouraged to enforce reasonable control measures.

3
 Sec 3: Interception, Visit and Search of Civil Aircraft

• A right outside neutral airspace; required a reasonable ground to

125 suspect

• Belligerent military aircraft have the right to order the civil aircraft to
proceed for visit and search to a belligerent airfield that is safe
126
• Alternative: with consent (for neutral) diverting from declared destination

• A neutral civil ac is exempt if bound for neutral airfield or under the

127 opcon of an accompanying mil ac or warship

129 • Civil ac should follow designated flight route

131 • In the immediate vicinity of naval operations, civil aircraft shall comply
with instructions from the combatants regarding their heading and
altitude
4
 Sec 4: Capture of Enemy Vessels & Goods

135
• May be captured outside neutral waters

• The following vessels are exempt from capture (innocent employment):

• Hospital ships and small crafts used for coastal rescue ops
136
• Vessels granted safe conduct by agreement:
• Vessels engaged in religious or non mil scientific missions
• Small coastal fishing vessels subject to naval control
• Vessels engaged in environment protection

138
• Capture of a merchant vessel is exercised by taking such vessel as prize for
adjudication. Diversion remains as alternative option.

139 • Exceptional measures: destruction

• Destruction of en passenger vessels carrying only civilian passengers is

140
prohibited at sea.

5
 Sec 5: Capture of Enemy Civil Aircraft & Goods

141
• May be captured outside neutral airspace

• The following vessels are exempt from capture (subj to innocent employment):
142
• Medical aircraft
• Aircrafts granted safe conduct by agreement

• Capture is exercised by intercepting the enemy civil aircraft, ordering it to

proceed to a belligerent airfield that is safe.
144
• As an alternative to capture, an enemy civil aircraft may be diverted from its
declared destination.

145 • If capture is exercised, the safety of passengers and crew and their personal
effects must be provided for.

6
 Sec 6: Capture of Neutral Merchant Vessels & Goods

• A right outside neutral waters; if engaged in any activities as ref art 67

146
Carrying contraband, transporting en armed forces’ members, operating
directly under en, present irregular documents, breaching blockade or violating
regulations

• Contraband is defined as goods which are ultimately destined for

148
territory under the control of the enemy and which may be susceptible for
use in armed conflict.

149
• Belligerent must have published contraband lists. Goods not on the
belligerent's contraband list are 'free goods‘.

• Every effort should be made to avoid destruction of a captured neutral

151
vessel. Destruction of captured neutral passenger vessels carrying
152 civilian passengers is prohibited at sea.

7
 Sec 7: Capture of Neutral Civil Aircraft & Goods

• A right outside neutral airspace; if engaged in any activities as ref art 70,
153
or after visit & search, it is found:
 Carrying contraband, transporting en armed forces’ members,
operating directly under en, present irregular documents, breaching
blockade or violating regulations.

154 • Goods on board neutral civil aircraft are subject to capture only if they
are contraband.
155
• Similar rules for contrabands as sec 6

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 Part VI
Protected Persons, Medical Transports
and Medical Aircraft

Total Sections: 3
Total Articles: 27 (159-183)

9
 General

159 • theprovisions of this Part are not to be construed as in any way departing
from the provisions of the Second Geneva Convention of 1949 and
Additional Protocol of 1977

160 • Theparties to the conflict may agree, for humanitarian purposes, to create
a zone in a defined area of the sea in which only activities consistent with
those humanitarian purposes are permitted

10
 Section 1: Protected Pers
161 • Persons on board vessels and ac having fallen into the power of a
belligerent or neutral shall be respected and protected

• They shall be subject to the jurisdiction of the State exercising power over
them

162 • Members of the crews of hospital ships may not be captured during the
time they are in the service of these vessels

• Members of the crews of rescue craft may not be captured while engaging
in rescue op
163
• Religious
and med pers assigned to the spiritual and med care of the
wounded, sick and shipwrecked shall not be considered POW
165
• Nationals of an en State, other than those from med ship may be made
POW
11
 Section 1: Protected Pers

Nationals of a Neutral State

166 • Whoare passengers on board en or neutral vessels or ac are to be released

and may not be made POW unless they are members of the en armed forces or
have personally committed acts of hostility against the captor

• Members of the crew of en warships or aux vessels or mil ac or aux ac are

entitled to POW status and may be made POW

• crew
of en or neutral merchant vessels or civil ac are to be released & may not
be made POW unless the vessel or ac has committed an act of hostility

12
 Section 2: Med Tpt

169 • To provide max protection for hospital ships from the moment of the
outbreak of hostilities, States may beforehand make general notification of
the characteristics of their hospital ships. Such notification should include
all aval info on the means whereby the ship may be identified

170
• Hospitalships may be eqpt with purely deflective means of defence, such
as chaff and flares. The presence of such eqpt should be notified

13
 Section 2: Med Tpt

• Inorder to fulfill most effectively their humanitarian msn, hospital ships

171
should be permitted to use cryptographic eqpt. The eqpt shall not be used
in any circumstances to tx int data nor in any other way to acquire any mil
advtg
172

• Hospital
ships, small craft used for coastal rescue op and other med tpt
are encouraged to implement the means of id
173

• Thesemeans of id are intended only to facilitate id and do not, of

themselves, confer protected status

14
 Section 3: Med Ac

174 • Med ac shall be protected and respected as specified in the provisions of

this doc
175
• Med ac shall be clearly marked with the emblem of the red cross or red
crescent, together with their national colours, on their lower, upper and
lateral surfaces

• Ac
chartered by the intl Committee of the Red Cross may use the same
means of id as med ac

• Temp med ac which cannot, either for lack of time or because of their
characteristics, be marked with the distinctive emblem should use the
most effective means of id aval

15
 Section 3: Med Ac

• Means of id are intended only to facilitate id and do not, of themselves,

176 confer protected status

• Parties to the conflict are encouraged to notify med flights and conclude
177
agreements at all times, especially in areas where con by any party to the
conflict is not clearly estb

• When such an agreement is concluded, it shall specify the alt, times and
routes for safe op and should include means of id and comm
178
• Med ac shall not be used to commit acts harmful to the en. They shall not
carry any eqpt intended for the collection or tx of int data

• They shall not be armed, except for small arms for self-defence, and shall
only carry med pers and eqpt

16
 Section 3: Med Ac

181

• Belligerent med ac shall not enter neutral airspace except by prior

agreement

• When within neutral airspace pursuant to agreement, med ac shall comply

with the terms of the agreement which may require the ac to land for
inspection at a desig airport within the neutral State

17
 Section 3: Med Ac

182

• Should a med ac, in the absence of an agreement or in deviation from the

terms of an agreement, enter neutral airspace, either through nav error or
because of an emg affecting the safety of the flight, it shall make every
effort to give notice and to identify itself

• Once the ac is recognized as a med ac by the neutral State, it shall not be

attacked but may be req to land for inspection

• Once it has been inspected, and if it is determined in fact to be a med ac,

it shall be allowed to resume its flight

18
 Section 3: Med Ac

183

• If
the inspection reveals that the ac is not a med ac, it may be captr, and
the occupants shall, unless agreed otherwise between the neutral State
and the parties to the conflict, be detained in the neutral State where so
required by the rules of intl law applicable in armed conflict, in such a
manner that they cannot again take part in the hostilities

19