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15.13.2 Types of Neutral Vessels and Aircraft That Are Exempt From Visit and Search.Certain neutral vessels and aircraft are exempt from the belligerent right of visit and search: (1)neutral warships; (2) neutral State aircraft (including military aircraft); (3) ships of neutral Statesused only on government non-commercial service; and (4) neutral merchant vessels underconvoy of neutral warships of the same nationality, and neutral aircraft accompanied by neutralmilitary aircraft of the same nationality.15.13.2.1 Neutral Warships. Neutral warships may not be subjected to visit andsearch because they have complete immunity from the jurisdiction of any State other than theflag State. 25315.13.2.2 Neutral State Aircraft. Neutral State aircraft (including militaryaircraft) are immune from visit and search by foreign States. 25415.13.2.3 Ships of a Neutral State Used Only on Government Non-CommercialService. Ships owned or operated by a neutral State and used only on government noncommercialservice may not be subjected to visit and search because they also have completeimmunity from the jurisdiction of any State other than the flag State. 25515.13.2.4 Neutral Merchant Vessels Under Convoy of Neutral Warships of theSame Nationality and Neutral Aircraft Accompanied by Neutral Military Aircraft of the SameNationality. Neutral merchant vessels under convoy of neutral warships of the same nationalityare also exempt from visit and search. 256 However, the convoy commander may be required toprovide in writing to the commanding officer of an intercepting belligerent State’s warshipinformation as to the character of the vessels and their cargoes that would otherwise be obtainedby a visit and search. 257 Neutral merchant vessels under convoy of neutral warships of the same252 Refer to § 15.15.1 (Grounds for the Capture of Neutral Vessels and Aircraft).253 Consider LOS CONVENTION art. 95 (“Warships on the high seas have complete immunity from the jurisdiction ofany State other than the flag State.”).254 Refer to § 14.3.1 (State Versus Civil Aircraft); 14.3.3.1 (Military Aircraft – Rights and Liabilities).255 Consider LOS CONVENTION art. 96 (“Ships owned or operated by a State and used only on government noncommercialservice shall, on the high seas, have complete immunity from the jurisdiction of any State other than theflag State.”).256 For example, John H. McNeill, Neutral Rights and Maritime Sanctions: The Effects of Two Gulf Wars, 31VIRGINIA JOURNAL OF INTERNATIONAL LAW 631, 635 (1991) (“And in July 1987, eleven Kuwaiti-owned tankerswere registered under the U.S. flag and escorted by the U.S. Navy. To many, this reflagging procedure appeared tobe a logical expedient, not for repudiating the rules concerning contraband, but rather for protecting these vesselsagainst the attack-on-sight of neutral shipping, in addition to whatever U.S. foreign policy objectives the reflaggingserved. In effect, the U.S. relied upon the ancient doctrine of ‘right of convoy’ under which belligerents cannot visitand search convoyed ships and are to be satisfied with the declaration of the commander of the convoy that no cargowhich can be considered contraband is on board the convoyed ships.”).257 Consider 1909 DECLARATION OF LONDON art. 61 (“Neutral vessels under national convoy are exempt fromsearch. The commander of a convoy gives, in writing, at the request of the commander of a belligerent warship, allinformation as to the character of the vessels and their cargoes, which could be obtained by search.”).974

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