The San Remo Manual summarizes the following: 1. It restates international law applicable to armed conflicts at sea. It was drafted by international lawyers and naval experts convened by the International Institute of Humanitarian Law in San Remo, Italy. 2. The manual covers topics such as the basic rules of distinction and proportionality, precautions in attack, medical transports exemptions from attack, and the rights and duties of belligerent and neutral forces and states in different maritime zones. 3. It aims to provide a contemporary restatement of international law for armed conflicts at sea, incorporating legal developments not covered by existing treaties like the 1949 Geneva Conventions.

1. San Remo Manual
on International Law
Applicable to
Armed Conflict at Sea
Justin Adriel Espaldon Ordoyo
U.P. College of Law

2. Abbreviations used
IW, TS, AW Internal waters, Territorial sea, Archipelagic waters
IS, EEZ International strait, Exclusive economic zone
ASLP Archipelagic sea lane passage
CS, FS Coastal state, Flag state
NS, BS, BF Neutral state, Belligerent state, Belligerent force
NW, NA Neutral waters, Neutral airspace
AC, IAC, MO Armed conflict, International Armed Conflict, Military objective
HS, WS Hospital ship, Warship
MA, AA Military aircraft, Auxiliary aircraft
MV, AV Merchant vessel, Auxiliary vessel
CA, CAL Civil aircraft, Civil airliner
UN, SC United Nations, Security Council
GC, AP, HC Geneva Convention, Additional Protocol, Hague Convention
Abbreviations

3. Background
Preliminary Round Table: 1987 (San Remo)
Adopted: 12 June 1994 (Livorno)
Drafters: International lawyers and naval experts convened by the International
Institute of Humanitarian Law (IIHL) in San Remo, Italy
Editor: Louise Doswald-Beck (co-editor of ICRC Customary IHL project)
Status: Legally recognized but not binding on states
Purpose: To provide a contemporary restatement of international law applicable
to armed conflicts at sea.
Reason: Developments in law have not been incorporated into recent treaty
law, GC II of 1949 being limited to the protection of the wounded, sick and
shipwrecked at sea. Although some provisions of AP I affect naval operations, Part
IV is only applicable to those which affect civilians and civilian objects on land.
Background

4. Overview
Overview
Part Title Contents
I General Provisions • Scope of application of rules
• Effect of UN Charter
• Areas of sea in which military operations may
take place
• Definitions of terms used
II Regions of Operations • Rules applicable to belligerents and neutrals in
different areas of the sea
III Basic Rules and Target
Discrimination
• Reiteration of IHL tenets and basic rules
• Principle of distinction
• Prohibition of indiscriminate attacks
• Prohibition on use of weapons that cause
unnecessary suffering or superfluous injury
• Prohibition of the denial of quarter
• Need to pay due regard to natural environ.

5. Part Title Contents
III (continued) • Precautions in attack
• Enemy vessels and aircraft exempt from attack
and may be subject to attack
• Special precautions regarding CA
IV Methods and Means
of Warfare at Sea
• Rules on the use of certain weapons (missiles
and other projectiles, torpedoes and mines)
• Rules applicable to blockades and “zones”
• Deception, ruses of war and perfidy
V Measures Short of
Attack Interception,
Visit, Search, Diversion
and Capture
• Determination of the enemy character of
vessels and aircraft
• Visit, search and diversion of MV
• Interception, visit, search and diversion of CA
• Capture of enemy or neutral vessels, CA and
goods
VI Protected Persons,
Medical Transports
and Medical Aircraft
• Specifies that GC II and AP I remain applicable
• Additional rules based on recent developments
Overview

6. Part I
I
Par. 1-7
1 Parties to an AC are bound by IHL rules from moment armed force is used
2 Martens clause applies
3 Exercise of right of individual/collective self-defense is limited by principles
of necessity and proportionality
4 Such principles apply equally to armed conflict at sea
5 Military actions against enemy will depend upon:
• Intensity and scale of armed attack for which enemy is responsible; and
• Gravity of the threat posed
6 Rules in this document + other IHL rules shall equally apply
7 Where SC has identified parties responsible for resort to force, NS:
• are bound to lend ONLY humanitarian assistance to THAT state; and
• May assist ANY state victim of breach of peace or act of aggression

7. I
Par. 8-10
8 In an IAC, when SC has taken actions involving application of economic
measures, UN member states may not rely upon law of neutrality to justify
conduct incompatible with Charter obligations or SC decisions
9 Where SC has decided to use force or authorize the same, rules in this
document and any other IHL rules shall apply to all parties to the conflict
10 Hostile actions by naval forces may be conducted in, on or over:
• TS and IW, land territories, EEZ and continental shelf, and AW of BS
• The high seas
• EEZ and continental shelf of NS (subject to par. 34-35)
11 Parties encouraged to agree NOT to conduct hostilities in marine areas:
• containing rare or fragile ecosystems; or
• containing the habitat of depleted/threatened/endangered species
12 Belligerents shall have due regard for rights and duties of NS
13 Definition of terms (see next two slides)

8. I
Par. 13
13 Definition of terms
IHL International rules, established by treaties or custom, which limit the
right of parties to a conflict to use methods or means of warfare of
their choice, or which protect States not party to the conflict or
persons and objects that are, or may be, affected by the conflict
Attack Act of violence, whether in offense or in defense
Collateral
casualties
loss of life/injury to civilians/prot. persons and damage/destruction
of natural environment/objects that are not military objectives
Neutral State not party to the conflict
Hospital
ships (HS)
…coastal rescue craft and other medical transports: vessels that
are protected under GC II and AP I
Medical
aircraft
aircraft that are protected under GC II and AP I
Warship
(WS)
• Belongs to the armed forces of a State
• Bears external marks distinguishing its character and nationality
• Commanded by officer duly commissioned by govt. of the state
• Manned by crew which is under regular armed forces discipline

9. I
13 Definition of terms (continued)
Auxiliary
vessel (AV)
• Other than a warship
• Owned by or under exclusive control of armed forces of a State
• Used for the time being on government non-commercial service
Merchant
vessel (MV)
Vessel engaged in commercial or private service
Military
aircraft
(MA)
• Operated by commissioned units of the armed forces of a State
• Bearing military marks of that State
• Commanded by a member of the armed forces
• Manned by a crew subject to regular armed forces discipline
Auxiliary
aircraft
(AA)
• Other than a military aircraft
• Owned by or under exclusive control of armed forces of a State
• Used for the time being on government non-commercial service
Civil aircraft
(CA)
Aircraft engaged in commercial or private service
Civil airliner
(CAL)
Clearly marked and engaged in carrying civilian passengers in
scheduled/non-scheduled services along Air Traffic Service routes
Par. 13

10. Part II – Section I
General provisions
1. Neutral waters (NW): IW, TS, and, where applicable, AW of NS (14)
2. Neutral airspace (NA): airspace over NW and land territory of NS (14)
3. Hostile actions by BF are forbidden within and over NW (including
NW comprising IS and waters in which right of ASLP may be
exercised). NS must take measures to prevent violation of its
neutrality (15)
4. Hostile actions include (16):
• attack/capture of persons/objects in, on or over NW or territory;
• use as a base of operations, including attack/capture of
persons/objects outside NW, if attack/seizure is conducted by BF
located in, on or over NW;
• laying of mines; or
• visit, search, diversion or capture
II
Par. 14-16

11. Rights and Duties in IW, TS and AW
Belligerent Forces
1. may not use NW as sanctuary
(17)
2. MA/AA may not enter NA (18)
3. may not extend duration of its
passage through neutral
waters for more than 24 h
UNLESS unavoidable (21)
(does not apply in IS and
waters in which right of ASLP is
exercised)
Neutral States
1. shall require aircraft to land in its
territory, and intern aircraft and
its crew for duration of AC (18)
2. may attack aircraft should it fail
to follow instructions to land (18)
3. may condition, restrict or prohibit
entrance to/passage through its
NW by belligerent WS/AV (19)
4. shall take measures to terminate
violation of its neutrality (15; 22)
II
Par. 17-22

12. Rights and Duties in IW, TS and AW
Opposing Belligerent Force
If NS fails to terminate violation of
its NW by a belligerent, OBF must:
1. Notify NS and give reasonable
time to terminate the violation
2. If violation constitutes serious
and immediate threat to OBF,
OBF may use necessary force
(in absence of an alternative)
to respond to the threat
posed by the violation (22)
Neutral States (continued)
5. May permit ff. within NW (20):
• passage through its TS/AW, by
WS/AV & prizes of belligerent
state; These may employ pilots
of NS during passage;
• replenishment by warship or
AV of its food, water and fuel
sufficient to reach a port in its
own territory; and
• repairs of warships or AV found
necessary by the NS; such
repairs may not restore or
increase their fighting strength
II
Par. 17-22

13. Part II – Section II
General provisions
1. Neutrality of a State bordering an IS is not jeopardized by the transit
passage of belligerent WS, AV, MA or AA, nor by the innocent
passage of belligerent WS/AV through that strait (24)
2. Neutrality of an archipelagic State is not jeopardized by the exercise
of right of ASLP by belligerent WS, AV, MA or AA (25)
3. Rights of transit passage and right of ASLP applicable to IS and AW in
peacetime continue to apply in times of AC (27)
4. Right of non-suspendable innocent passage ascribed to certain IS by
international law may not be suspended in time of AC (33)
II
Par. 23-33

14. Rights and Duties
in Int’l Straits and Archipelagic Sea Lanes
Belligerent Forces
1. WS, AV, MA and AA may
exercise the rights of passage
through, under or over neutral
IS and of ASLP provided by
gen. int’l law (23; 27-28; 31)
2. Required to proceed without
delay, refrain from threat/use
of force and other activities
not incident to their transit (30)
3. May take defensive measures
consistent with their security
(e.g. surveillance) (30)
Neutral States
1. WS, AV, MA and AA may
exercise the rights of passage
provided by gen. int’l law
through, under or over
belligerent IS and AW (26; 28; 32)
2. NS should give timely notice of
such exercise to BS (26)
3. NS may not suspend, hamper, or
impede the right of transit
passage nor right of ASLP (29)
II
Par. 23-33

15. Rights and Duties
in Exclusive Economic Zone and Cont. Shelf
Belligerent Forces
1. have due regard for CS rights
& duties of CS (aside from
other applicable rules of
LOAC at sea) and for artificial
islands, installations and safety
zones established by NS (34)
2. If it considers it necessary to
lay mines, it shall notify NS,
and ensure that such does not
endanger structures or
interfere with exploration of
zone (35)
Neutral States
II
Par. 34-35

16. Rights and Duties
in High Seas and Sea-Bed beyond Nat’l Juris.
Belligerent Forces
1. Hostile actions shall be
conducted with due regard
for the exercise by NS of rights
of exploration & exploitation
of natural resources (36)
2. shall take care to avoid
damage to cables and
pipelines laid on the sea-bed
which do not exclusively serve
the belligerents (37)
Neutral States
II
Par. 36-37

17. Part III – Section I
Basic Rules
III
38 Choice of method or means of warfare is NOT unlimited
39 Principle of distinction
40 Definition of military objective (MO): Objects which by their nature,
location, purpose or use make an effective contribution to military action
and whose total or partial destruction, capture or neutralization, in the
circumstances ruling at the time, offers a definite military advantage.
41 Attacks limited to MO. MV & CA are civilian objects unless they are MO
42 Prohibition on methods or means of warfare which are:
• of a nature to cause superfluous injury or unnecessary suffering
• indiscriminate (not directed against specific MO or effect not limitable)
43 Prohibition on order, threat or conduct of hostilities on “no survivors” basis
44 Prohibition on destruction of natural environ. not justified by mil. necessity
45 Surface ships, submarines and aircraft are bound by same principles/rules
Par. 38-45

18. Part III – Section II
Precautions in Attack
III
45 The following precautions shall be taken with respect to attacks:
• gather info to determine whether or not objects which are not MO are
present in an area of attack;
• ensure that attacks are limited to MO;
• take precautions in the choice of methods and means in order to avoid
or minimize collateral casualties or damage
• not launch an attack if it may cause excessive collateral casualties or
damage in relation to the concrete and direct military advantage
anticipated from the attack as a whole;
• cancel or suspend an attack as soon as it becomes apparent that the
collateral casualties or damage would be excessive
(Sec. VI of this Part provides additional precautions regarding CA)
Par. 45

19. Part III – Section III
Enemy vessels exempt from attack (47)
III
Vessels exempt (47) Exemption conditions (48) Exemption loss (49-52)
Hospital ships • Innocently employed in
their normal role;
• Submit to identification
and inspection when
required; and
• Do not intentionally
hamper movement of
combatants and obey
orders to stop or move
out of the way
(Compare with vessels
exempt from capture and
conditions therefor in par.
136-137)
• Breach of condition, and
only after due warning
• May only be attacked if:
• diversion or capture is
not feasible;
• no other method for
exercising control;
• circ. are sufficiently
grave that vessel has
become a MO; and
• collateral casualties
or damage will not
be disproportionate
to military advantage
For coastal rescue ops
and medical transport
Granted safe conduct
Trans. of cultural prop.
Only carrying civilians
Non-military missions
Coastal fishing vessels
For pollution incidents
Surrendered
Life rafts and life boats
Par. 47-52

20. Part III – Section III
Enemy aircraft exempt from attack (53)
III
Aircraft (53) Exemption conditions (54-56) Exemption loss (57-58)
Medical
aircraft
• recognized as such;
• compliance with agreement in 177
• fly in areas under the control of own
or friendly forces; or
• fly outside area of armed conflict
In case of breach of
conditions, aircraft may
be attacked only if:
• diversion or capture is
not feasible;
• no other method for
exercising control;
• circum. are sufficiently
grave that vessel has
become a MO; and
• collateral casualties or
damage will not be
disproportionate to
military advantage
Granted
safe
conduct
• innocently employed in agreed role;
• do not intentionally hamper
combatant movements; and
• comply with details of agreement,
including availability for inspection
Civil airliners • innocently employed in agreed role;
• do not intentionally hamper
combatant movements
Par. 53-58

21. Part III – Section IV
Other Enemy Vessels and Aircraft
III
Enemy MV are MO if they (60): Enemy CA are MO if they (63):
meet the definition of a military objective in par. 40 (59; 62)
engage in belligerent acts (acts of war) on behalf of the enemy
act as an auxiliary to an enemy’s armed forces
are incorporated into or assisting the enemy s intelligence gathering system
sail under enemy WS/MA convoy fly under enemy WS/MA protection
refuse order to stop or actively resisting
visit, search or capture
refuse order to identify itself, divert from
its track or proceed for visit/search
armed that they could damage WS armed with air-to-air/-surface weapons
otherwise make an effective contribution to military action
Any attack on MV/CA is subject to basic rules in par. 38-46 (61; 64)
Enemy WS/MA/AV/AA are MO unless exempt from attack under par. 47/53 (65)
and may be attacked subject to par. 38-46 (66)
Par. 59-66

22. Part III – Section V
Neutral Merchant Vessels and Civil Aircraft
III
Neutral MV may not be attacked
unless (67):
Neutral CA may not be attacked
unless (70):
believed on reasonable grounds to be
carrying contrab. or breaching blockade
believed on reasonable grounds to
be carrying contraband
engaged in belligerent acts on behalf of the enemy
acting as auxiliaries to the enemy’s armed forces
incorporated into or assisting the enemy’s intelligence system
sailing under convoy of enemy WS/MA
otherwise making an effective contribution to the enemy’s military action
Mere fact that a neutral MV is armed
provides no grounds for attacking it (69)
Any attack on these vessels (aircraft) is subject to basic rules in par. 38-46 (68; 71)
Par. 67-71

23. Part III – Section VI
Precautions regarding Civil Aircraft
III
Civil Aircraft should…
1. avoid areas of potentially
hazardous military activity (72)
2. comply with instructions from
belligerents regarding their
heading and altitude (73; 131)
3. file the required flight plan
with the cognizant Air Traffic
Service (76; 129)
4. comply with relevant NOTAM
if it enters area in 72 (77)
BS & NS should…
1. establish procedures whereby
WS/MA commanders are
aware of designated routes of
CA in the area of military
operations (74; 130)
2. ensure that a Notice to
Airmen (NOTAM) is issued
providing info on military
activities in areas potentially
hazardous to CA (See 75 for
info required in NOTAM)
Par. 72-77

24. Part IV – Section I
Means of Warfare
IV
Missiles use shall conform with principles of target discrimination (38-46; 78)
Torpedo prohibited if they do not sink or become harmless after run (79)
Mines
• may only be used for legitimate military purposes including the
(80-92)
denial of sea areas to the enemy
• shall not be laid unless effective neutralization occurs
• forbidden to use free-floating mines unless directed against MO
and become harmless within 1 hour after loss of control over them
• notify of armed mines unless they can only detonate against MOs
• Belligerents shall record the locations where they have laid mines
• Mining in IW/TS/AW of BS should provide for free exit of NS shipping
• Mining of NW is prohibited
• Mining shall not prevent passage between NW and int’l waters
• Mine laying States shall pay due regard to legit. uses of high seas
• Parties shall remove/deactivate mines after cessation of hostilities
• NS may clear mines laid in violation of law w/o violating neutrality
Par. 78-92

25. Part IV – Section II
Methods of Warfare
IV
Blockade
(93-104)
• shall be declared and notified to all belligerents and NS,
specifying its commencement, duration, location, and extent
• must be effective (question of fact)
• may be enforced by combo of legit. methods/means of warfare
• MV may be captured if in breach, and attacked if resists capture
• must not bar access to NS ports and coasts
• must be applied impartially to vessels of all States
• Cessation, temporary lifting or other alteration must be declared
• Declaration or establishment is prohibited if:
• it has the sole purpose of starving civilian population; or
• damage to civilian population would be excessive in relation
to the concrete and direct military advantage anticipated
• If such population is inadequately provided with food/essential
objects, blockading party must provide for free passage of such
• Blockading belligerent shall allow the passage of medical supplies
Par. 93-104

26. Part IV – Section II
Methods of Warfare (continued)
IV
Zones
(105-108)
• Belligerent cannot be absolved of its IHL duties by establishing
zones which might affect legitimate uses of defined areas of sea
• Should a belligerent establish such a zone:
• same body of law applies both inside and outside the zone
• extent, location, duration of zone and measures imposed shall
not exceed what is required by necessity and proportionality;
• due regard to the rights of NS to legitimate uses of the seas;
• safe passage through the zone for neutral vessels and aircraft
• Commencement, duration, location and extent of zone shall be
publicly declared and appropriately notified
• Compliance with measures taken by one belligerent in zone shall
not be construed as an act harmful to opposing belligerent
• Nothing in this Section should be deemed to derogate from the
customary belligerent right to control neutral vessels and aircraft in
the immediate vicinity of naval operations
Par. 105-108

27. Part IV – Section III
Deception, Ruses of War and Perfidy
IV
109 MA and AA are prohibited from feigning exempt, civilian or neutral status
110 RUSES OF WAR are permitted. WS and AV, however, are prohibited from
launching an attack whilst flying a false flag, and from simulating status of:
• hospital ships, small coastal rescue craft or medical transports;
• vessels on humanitarian missions;
• passenger vessels carrying civilian passengers;
• vessels protected by the United Nations flag;
• vessels guaranteed safe conduct by prior agreement between parties;
• vessels entitled to be identified by red cross/crescent emblem;
• vessels engaged in transporting cultural property under special prot.
111 PERFIDY is prohibited. Such acts include launching of attack while feigning:
• exempt, civilian, neutral or protected UN status;
• surrender or distress by, e.g. sending a distress signal or by the crew
taking to life rafts
Par. 109-111

28. Part V – Section I
Determination of Enemy Character
V
112 MV/CA flying/bearing flag/mark of enemy state = conclusive evidence of
enemy character
113 MV/CA flying/bearing flag/mark of neutral state = prima facie evidence of
neutral character
114 If WS commander suspects MV flying neutral flag has enemy character, he
is entitled to exercise right of visit, search and diversion for search
115 If MA commander suspects CA with neutral mark has enemy character,
he is entitled to exercise right of visit, search and diversion for visit & search
116 If after visit & search there is reasonable ground for suspicion that such
MV/CA has enemy character, such may be captured as prize subject to
adjudication
117 Enemy character can be determined by registration, ownership, charter or
other criteria
Par. 112-117

29. Part V – Section II
Visit and Search of Merchant Vessels
V
118 Belligerent WS/MA have a right to visit/search MV outside NW where there
are reasonable grounds for suspecting that they are subject to capture
119 Neutral MV may, with its consent, be diverted from its declared destination
120 Neutral MV is exempt from the exercise of the right of visit and search if:
• it is bound for a neutral port;
• it is accompanied by neutral WS of same nationality or of a State with
which the FS of MV has an agreement providing for such convoy;
• FS of neutral WS warrants that neutral MV is not carrying contrab.; and
• neutral WS commander provides all info as to char. of MV and its cargo
121 If visit/search is impossible or unsafe, a belligerent WS/MA may divert MV
to an appropriate area or port in order to exercise the right of visit/search
122 BS may establish reasonable measures for cargo inspection of neutral MV
123 Submission to such measures by neutral MV is not an non-neutral act
124 NS encouraged to enforce measures to ensure MV do not carry contrab.
Par. 118-124

30. Part V – Section III
Interception, Visit and Search of Civil Aircraft
V
125 Belligerent MA have right to intercept CA outside NA where there are
reasonable grounds for suspecting they are subject to capture
126 As an alternative to visit and search:
• enemy CA may be diverted from its declared destination;
• neutral CA may be diverted from declared destination with consent
127 A neutral civil aircraft is exempt from the exercise of the right of visit and
search if it meets the following conditions (similar with 120):
• it is bound for a neutral airfield;
• it is under the operational control of an accompanying:
• neutral MA/WS of the same nationality; or
• neutral MA/WS of a State with which the flag State of the civil
aircraft has concluded an agreement providing for such control;
• FS of neutral MA/WS warrants that neutral CA is not carrying contrab.
• Neutral MA/WS commander provides all info as to character of CA and
its cargo
Par. 125-127

31. Part V – Section III
Measures of Interception and Supervision
V
Civil Aircraft should…
1. file the required flight plan
with the cognizant Air Traffic
Service (76; 129)
2. comply with instructions from
combatants regarding their
heading and altitude (73; 131)
3. Fact that a neutral CA has
submitted to such measures of
supervision as the inspection
of its cargo is not a non-neutral
act (133)
BS & NS should…
1. (BS) promulgate safe procedures
for intercepting CA as issued by
competent int’l org. (128)
2. establish procedures whereby
WS/MA commanders are aware
of designated routes of CA in
area of military ops (74; 130)
3. (BS) may establish reasonable
measures for the inspection of the
cargo of neutral CA (132)
4. (NS) encouraged to enforce
control measures to ensure that
their CA are not carrying
contraband (134)
Par. 128-134

32. Part V – Section IV
Capture of enemy vessels and goods
V
1. Enemy vessels (merchant or otherwise) and goods on board may be
captured outside NW. Prior visit and search is not required (135)
2. Capture of a MV is exercised by taking such vessel as prize for
adjudication (138)
3. Captured enemy MV may be destroyed when military circ. preclude
taking/sending it for adjudication as an enemy prize, only if (139):
1. the safety of passengers and crew is provided for;
2. documents and papers relating to the prize are safeguarded; and
3. if feasible, personal effects of the passengers and crew are saved.
4. Destruction of enemy passenger vessels carrying only civilian
passengers is prohibited at sea. Such vessels shall be diverted to an
appropriate area or port in order to complete capture (140)
Par. 135-140

33. Part V – Section IV
Enemy vessels exempt from capture
V
Vessels exempt (136) Exemption conditions (137)
Hospital ships • Innocently employed in their normal role;
• Do not commit acts harmful to the enemy;
• Submit to identification and inspection when
required; and
• Do not intentionally hamper movement of
combatants and obey orders to stop or move
out of the way
(Compare with vessels exempt from attack and
conditions therefor in par. 47-48)
Small craft used for coastal
rescue operations
Other medical transports
needed for wounded, sick
and shipwrecked on board
Granted safe conduct
Trans. of cultural property
Non-military missions
Coastal fishing vessels
For pollution incidents
Par. 135-140

34. Part V – Sections V and VII
Capture of civil aircraft and goods
V
Enemy CA and goods (141-145): Neutral CA and goods (153-158):
May be captured outside NA. Prior
visit and search is not required (141)
May be captured outside NA if engaged
in par. 70 or 146 activities. Goods may be
captured only if contraband (153-154)
Capture is exercised by (144; 156):
• intercepting the CA;
• ordering it to proceed to a belligerent airfield that is safe for the type of
aircraft involved and reasonably accessible; and
• on landing, taking the aircraft as a prize for adjudication
As an alternative to capture, enemy
CA may be diverted from its
declared destination (144)
As an alternative to capture, neutral CA
may, with its consent, be diverted from its
declared destination (157)
If captured, safety of passengers, crew and personal effects must be provided
for. Documents and papers relating to the prize must be safeguarded (145; 158)
Par. 141-145; 153-158

35. Part V – Section V
Enemy aircraft exempt from capture
V
Aircraft exempt (142) Exemption conditions (143)
Medical Aircraft • Innocently employed in their normal role;
• Do not commit acts harmful to the enemy;
• Submit to interception and identification when
required;
• Do not intentionally hamper movement of
combatants and obey orders to divert from their
track when required; and
• Are not in breach of a prior agreement
(Compare with aircraft exempt from attack and
conditions therefor in par. 53-56)
Granted safe conduct
Par. 141-145

36. Part V – Section VI
Capture of Neutral Merchant Vessels
V
146 Neutral MV are subject to capture outside NW if engaged in any of the
activities referred to in par. 67 or if they:
• carry contraband;
• transport individuals embodied in the armed forces of the enemy;
• operate directly under enemy control, orders, employment or direction;
• present irregular documents, or lack or destroy necessary documents;
• violate regulations established by belligerent within naval ops area; or
• breach or attempt to breach a blockade
147 Goods on board neutral MV are subject to capture only if contraband
148 Contraband: Goods ultimately destined for territory under the control of
the enemy and which may be susceptible for use in AC
149 In order to exercise right, belligerent must have published contraband lists
150 Goods not on contraband list are ‘free goods’ i.e. not subject to capture
(e.g. religious objects, for treatment of wounded & sick, clothing, food…)
Par. 146-150

37. Part V – Section VI
Destruction of captured of Neutral Vessels
V
151 Captured neutral vessel may be destroyed when military circ. preclude
taking or sending such a vessel for adjudication as an enemy prize, only if:
• the safety of passengers and crew is provided for;
• documents and papers relating to vessel are safeguarded; and
• if feasible, personal effects of passengers and crew are saved
152 Destruction of captured neutral passenger vessels carrying civilian
passengers is prohibited at sea. Such vessels shall be diverted to an
appropriate port in order to complete capture provided for in par. 146
For Part V – Section VII (Capture of Neutral CA and goods) par. 153-158,
see slide on Part V – Sections V and VII).
Par. 151-152

38. Part VI – General Rules and Section I
Protected persons, medical transports & aircraft
VI
General rules
1. Provisions of this Part are not to
be construed as departing
from GC II and AP I provisions
(159)
2. Parties to the conflict may
agree to create a zone in a
defined area of the sea in
which only activities consistent
with humanitarian purposes
are permitted (160)
Protected persons
1. Persons on board vessels/aircraft
having fallen into the power of a
BS/NS (161)
2. HS/Rescue craft crew may not be
captured during service or rescue
operations (162)
3. Persons on board vessels/aircraft
exempt from capture (163)
4. Religious and medical personnel
shall not be considered POW (164)
Par. 159-164

39. VI
Protected persons (continued)
5. Civilian persons other than in
par. 162-166 are to be treated
in accordance with GC IV (167)
6. Nationals of enemy State, other
than those in par. 162-164, are
entitled to POW status and may
be made POW if they are (165):
• members of or persons
accompanying enemy's
armed forces
• crew members of AV/AA
• crew members of enemy MV/
CA not exempt from capture
• crew members of neutral MV/
CA that have taken direct part
in hostilities on enemy’s side or
served as auxiliary for enemy
7. Persons in power of NS are to be
treated in accordance with HC V
and XIII, and GC II (168)
8. Nationals of NS who are (166):
• on board enemy/neutral vessels or
aircraft are to be released. May
only be made POW if members of
enemy AF or committed acts of
hostility against captor;
• crew of enemy WS/AV/MA/AA
are entitled to POW status;
• crew of enemy/neutral MV/CA
are to be released. May not be
made POW unless vessel/aircraft
committed an act in par. 60, 63,
67, 70, or crew committed acts of
hostility against captor
Par. 165-168

40. Part VI – Section II
Medical Transports
VI
169 To protect HS, States may make general notification of the characteristics
of their HS as specified in Art. 22, GC II. Such notification should include all
available information on the means whereby the ship may be identified
170 HS may be equipped with purely deflective means of defense, such as
chaff and flares. The presence of such equipment should be notified
171 HS should be permitted to use cryptographic equipment which shall not
transmit intelligence data nor acquire any military advantage
172 HS, small craft used for coastal rescue ops, and other medical transports
are encouraged to implement means of identification in Annex I of AP I
173 These means of identification are intended only to facilitate identification
and do not, of themselves, confer protected status
Par. 169-173

41. Part VI – Section III
Medical Aircraft
VI
174 shall be protected and respected as specified in the provisions herein
175 shall be clearly marked with red cross/crescent, together with nat’l colors
176 Means of identification do not, of themselves, confer protected status
177 Parties are encouraged to notify medical flights & conclude agreements
178 shall not be used to commit acts harmful to the enemy
179 Other aircraft employed for same purposes operate at their own risk,
unless pursuant to prior agreement between the parties to the conflict
180 Those flying over areas which are physically controlled by the opposing
belligerent may be ordered to land to permit inspection
181 Belligerent medical aircraft shall not enter NA except by prior agreement
182 Should it enter NA through navigational error or because of an emergency
affecting the safety of the flight, it shall give notice and identify itself
183 If inspection reveals that it is not a medical aircraft, it may be captured
Par. 174-183

42. • San Remo Manual on International Law Applicable to Armed Conflict
at Sea, 12 June 1994
Bibliography
Bibliography