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13.3.3.1 Entitlement of Vessels to Conduct Attacks During Non-InternationalArmed Conflict. The United States is not a Party to any treaties that would prohibit the use ofwarships and auxiliaries in non-international armed conflict, nor has the United Statesrecognized such a prohibition in customary international law. Accordingly, State vessels otherthan warships may be used to conduct attacks against non-State armed groups during noninternationalarmed conflict. 65 For example, international law does not prohibit auxiliaries fromconducting attacks in a non-international armed conflict. Similarly, a State may use its lawenforcement authorities to address insurgent groups, and there would be no objection to using alaw enforcement vessel as part of operations against insurgents. 66In some cases, the acts of hostility by insurgents on the high seas may be regarded aspiracy. 6713.3.4 Shipwrecked Persons. Shipwrecked persons are hors de combat, and may not bemade the object of attack. 68 Shipwrecked persons include personnel involved in forced landingsfishing vessels and other civilian ships, - prize crews of captured ships, - state aircraft other than military aircraftand - civilian aircraft. The crews of all ships and aircraft are, however, entitled to defend themselves against attacksby enemy armed forces.”); 1992 GERMAN MANUAL 1016 (“The following vessels and persons may not performacts of naval warfare: - state ships other than warships, even when carrying out support Services for the navalforces, - state aircraft other than military aircraft, - merchant ships, - fishing boats and other civil ships, - civilaircraft, and - prize crews of captured ships. The crews of all ships and aircraft are, however, entitled to defendthemselves against attacks by enemy forces.”).64 See Institute of International Law, Manual of the Laws of Naval War, art. 12 (1913) (“Apart from the conditionslaid down in Articles 3 [regarding the conversion of public and private vessels into war-ships] and following, neitherpublic nor private vessels, nor their personnel, may commit acts of hostility against the enemy. Both may, however,use force to defend themselves against the attack of an enemy vessel.”). Refer to § 4.16.1 (Merchant or Civil Crews- Conduct of Hostilities).65 Wolff Heintschel von Heinegg, Methods and Means of Naval Warfare in Non-International Armed Conflicts, 88U.S. NAVAL WAR COLLEGE INTERNATIONAL LAW STUDIES 211, 219 (2012) (“Under the law of international armedconflict, only warships are entitled to exercise belligerent rights. This rule goes back to the prohibition ofprivateering under the 1856 Paris Declaration. Warships are those vessels that meet the criteria set forth in Articles2-5 of the 1907 Hague Convention VII, Article 8(2) of the 1958 High Seas Convention and Article 29 of the LOSConvention. Limitations on the exercise of belligerent rights are most important with regard to interference withneutral navigation and aviation; thus, neutral vessels and aircraft must accede to such interference only if themeasures are taken by warships. No such limitation applies to non-international armed conflicts vis-à-vis theparties. It follows from the object and purpose of the rule limiting the exercise of belligerent rights under the law ofnaval warfare—i.e., the transparent entitlement of the warship—that the non-State actor will obviously not haveships that meet the criteria for classification as a warship since one of the criteria is that it be a State vessel. Thegovernment forces may make use of any vessel or aircraft, including, for example, those used for law enforcementand customs enforcement, in the conduct of hostilities.”).66 Refer to § 17.4.1 (Ability of a State to Use Its Domestic Law Against Non-State Armed Groups).67 The Three Friends, 166 U.S. 1 (1897) (“Belligerency is recognized when a political struggle has attained a certainmagnitude and affects the interests of the recognizing power; and in the instance of maritime operations, recognitionmay be compelled, or the vessels of the insurgents, if molesting third parties, may be pursued as pirates.”).68 Refer to § 5.10.4 (Persons Rendered Unconscious or Otherwise Incapacitated by Wounds, Sickness, orShipwreck).871