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• taking to lifeboats.13.4 ENEMY WARSHIPSEnemy warships and naval and military auxiliaries are subject to attack, destruction, orcapture anywhere beyond neutral territory.13.4.1 Character of Warships. A warship is generally understood to be a ship belongingto the armed forces of a State bearing the external markings distinguishing the character andnationality of such ships, under the command of an officer duly commissioned by thegovernment of that State and whose name appears in the appropriate service list of officers, andmanned by a crew that is under regular armed forces discipline. 77Warships are generally understood to possess certain privileges and immunities from thejurisdiction of other States. 7813.4.2 Attacks Against Enemy Warships. In general, enemy warships are militaryobjectives. 79 However, warships that have surrendered or that are exempt vessels may not bemade the object of attack. 8013.4.3 Captured Enemy Warships – No Prize Procedure. Prize procedures are not usedfor captured enemy warships because their ownership vests immediately in the captor’s76 Trial of Helmuth von Ruchteschell, Outline of the Proceedings, IX U.N. LAW REPORTS 82 (British Military Court,Hamburg, May 5-21, 1947) (“The captain of the Davisian stopped his engines, hoisted an answering pennant andacknowledged the signal. In spite of this, the raider’s firing continued for 15 minutes, wounding 8 or 10 of the crewof the Davisian, whilst they were trying to abandon ship [by taking to lifeboats].”).77 Convention on the High Seas, art. 8, Apr. 29, 1958, 450 UNTS 82, 86 (“1. Warships on the high seas havecomplete immunity from the jurisdiction of any State other than the flag State. 2. For the purposes of these articles,the term ‘warship’ means a ship belonging to the naval forces of a State and bearing the external marksdistinguishing warships of its nationality, under the command of an officer duly commissioned by the governmentand whose name appears in the Navy List, and manned by a crew who are under regular naval discipline.”).Consider LOS CONVENTION art. 29 (“For the purposes of this Convention, ‘warship’ means a ship belonging to thearmed forces of a State bearing the external marks distinguishing such ships of its nationality, under the command ofan officer duly commissioned by the government of the State and whose name appears in the appropriate service listor its equivalent, and manned by a crew which is under regular armed forces discipline.”).78 See, e.g., The Schooner Exch. v. McFaddon, 11 U.S. 116, 144 (1812) (“But in all respects different is the situationof a public armed ship. She constitutes a part of the military force of her nation; acts under the immediate and directcommand of the sovereign; is employed by him in national objects. He has many and powerful motives forpreventing those objects from being defeated by the interference of a foreign state. Such interference cannot takeplace without affecting his power and his dignity. The implied license therefore under which such vessel enters afriendly port, may reasonably be construed, and it seems to the Court, ought to be construed, as containing anexemption from the jurisdiction of the sovereign, within whose territory she claims the rites of hospitality.”).Consider LOS CONVENTION art. 95 (“Warships on the high seas have complete immunity from the jurisdiction ofany State other than the flag State.”).79 Refer to § 5.7.4 (Objects Categorically Recognized as Military Objectives).80 Refer to § 13.3.5 (Surrender by Enemy Vessels); § 13.6 (Enemy Vessels Exempt From Capture or Destruction).873