5cjxburmr

navigational technology (e.g., global positioning systems) require encryption. 108 Such systemsmust not be used for military purposes or in any way that is harmful to an adversary. 10913.6.2.3 Vessels Charged With Religious, Nonmilitary Scientific, or PhilanthropicMissions. Vessels charged with religious, nonmilitary scientific, or philanthropic missions areexempt from capture. 110 Vessels engaged in the collection of scientific data of potential militaryapplication, however, would not be included within this exemption.13.6.2.4 Vessels Granted Safe Conduct. Vessels and aircraft guaranteed safeconduct by prior arrangement between the belligerents are exempt from capture. 11113.6.2.5 Small Coastal Fishing Vessels and Small Boats Engaged in LocalCoastal Trade. Small coastal (not deep-sea) fishing vessels and small boats engaged in localcoastal trade are exempt from capture. 11213.7 SUBMARINE WARFARE13.7.1 General Principle – Same Rules Applicable to Both Submarine and SurfaceWarships. Submarine warships must comply with the same law of war rules that apply tosurface warships. 113 For example, in their action with regard to merchant ships, submarines mustconform to the law of war rules to which surface vessels are subject. 114 In general, submarinesmust provide for the safety of passengers, crew, and ship’s papers before destruction of an108 Refer to § 7.12.2.7 (Use of Secret Codes for Communication).109 Refer to § 7.12.2.2 (No Use for Military Purposes); § 7.10.3.1 (Acts Harmful to the Enemy).110 HAGUE XI art. 4 (“Vessels charged with religious, scientific, or philanthropic missions are likewise exempt fromcapture.”).111 Refer to § 12.6.3 (Safe Conduct).112 HAGUE XI art. 3 (“Vessels used exclusively for fishing along the coast or small boats employed in local trade areexempt from capture, as well as their appliances, rigging, tackle, and cargo. They cease to be exempt as soon asthey take any part whatever in hostilities. The Contracting Powers agree not to take advantage of the harmlesscharacter of the said vessels in order to use them for military purposes while preserving their peaceful appearance.”);The Paquete Habana, 175 U.S. 677, 708 (1900) (“This review of the precedents and authorities on the subjectappears to us abundantly to demonstrate that at the present day, by the general consent of the civilized nations of theworld, and independently of any express treaty or other public act, it is an established rule of international law,founded on considerations of humanity to a poor and industrious order of men, and of the mutual convenience ofbelligerent States, that coast fishing vessels, with their implements and supplies, cargoes and crews, unarmed, andhonestly pursuing their peaceful calling of catching and bringing in fresh fish, are exempt from capture as prize ofwar. The exemption, of course, does not apply to coast fishermen or their vessels, if employed for a warlikepurpose, or in such a way as to give aid or information to the enemy; nor when military or naval operations create anecessity to which all private interests must give way. Nor has the exemption been extended to ships or vesselsemployed on the high sea in taking whales or seals, or cod or other fish which are not brought fresh to market, butare salted or otherwise cured and made a regular article of commerce.”).113 2007 NWP 1-14M 8.7 (“The law of armed conflict imposes essentially the same rules on submarines as apply tosurface warships.”); 1997 NWP 9 8.3 (same); 1989 NWP 9 8.3 (same).114 Treaty for the Limitation and Reduction of Naval Armament, art. 22, Apr. 22, 1930, 46 STAT. 2858, 2881 (“Intheir action with regard to merchant ships, submarines must conform to the rules of International Law to whichsurface vessels are subject.”). Consider Procès-Verbal Relating to the Rules of Submarine Warfare Set Forth in PartIV of the Treaty of London of April 22, 1930, Nov. 6, 1936, 173 LNTS 353, 357 (same).879