5cjxburmr

A similar procedure was used during the Cuban Missile Crisis, when the United Statesissued clearance certificates (clearcerts). 24615.13 BELLIGERENT RIGHT OF VISIT AND SEARCH OF MERCHANT VESSELS AND CIVIL AIRCRAFTBelligerent warships and military aircraft have a right of visit and search of merchantvessels and civil aircraft outside of neutral territory.15.13.1 Purposes of Visit and Search. The belligerent right of visit and search may beviewed as a necessary part of the belligerent’s right to capture enemy merchant vessels and civilaircraft, and to capture neutral merchant vessels and civil aircraft that have engaged in violationsof neutrality. 247 Thus, for example, visit and search has been conducted with the object of: 248• ascertaining the character of the vessel or aircraft and nationality (including assessingwhether a vessel or aircraft that is flagged to a neutral State has acquired enemy characterby engaging in service to the enemy); 249• verifying whether it conveys contraband cargo; 250• verifying whether it has committed a breach of blockade; 251 or• verifying whether the vessel or aircraft has committed another violation of neutralitymaking it liable to capture. 252would appear warranted in the case of a neutral vessel that cooperates with a belligerent by voluntarily applying for,and accepting, a navicert or ship’s warrant.”).246 Press Release: U.S. Acts To Avoid Delays for Ships Transiting Waters in Vicinity of Cuba, Oct. 27, 1962, 47DEPARTMENT OF STATE BULLETIN 747 (Nov. 12, 1962) (“The Department of State announced on October 27 theinstitution of a system of clearances to assist vessels which transit waters in the vicinity of Cuba and vessels destinedfor Cuban ports with cargoes containing no offensive weapons or associated materiel. The system, developed by theState, Defense, and Treasury Departments, is designed to avoid unnecessary delays and other difficulties arising outof the stoppage, inspection, or possible diversion of ships. The system is for the convenience of shipping, andclearances are obtainable upon application by ships’ owners, agents, or officers. A vessel departing a United Statesport may obtain a special clearance from customs authorities at the port of departure. A vessel departing a foreignport may obtain the clearance from an American consulate.”).247 See, e.g., The Nereide, 13 U.S. 388, 427-28 (1815) (“Belligerents have a full and perfect right to capture enemygoods and articles going to their enemy which are contraband of war. To the exercise of that right the right of searchis essential. It is a mean justified by the end. It has been truely denominated a right growing out of, and ancillary tothe greater right of capture. Where this greater right may be legally exercised without search, the right of search cannever arise or come into question.”).248 1928 PAN AMERICAN MARITIME NEUTRALITY CONVENTION art. 1(1) (“Warships of the belligerents have the rightto stop and visit on the high seas and in territorial waters that are not neutral any merchant ship with the object ofascertaining its character and nationality and of verifying whether it conveys cargo prohibited by international lawor has committed any violation of blockade.”).249 Refer to § 15.14 (Acquisition of Enemy Character by Neutral-Flagged Merchant Vessels and Neutral-MarkedCivil Aircraft).250 Refer to § 15.12 (Neutral Commerce and Carriage of Contraband).251 Refer to § 13.10 (Blockade).973