10.07.2015 Views

5cjxburmr

5cjxburmr

5cjxburmr

SHOW MORE
SHOW LESS

You also want an ePaper? Increase the reach of your titles

YUMPU automatically turns print PDFs into web optimized ePapers that Google loves.

enemy merchant vessel. 115 However, the same exceptions to this rule that permit surface ships toattack enemy merchant vessels that are military objectives also permit submarines to conductsuch attacks. 11613.7.2 Different Application of Law of War Rules in the Context of Submarine Warfare.Although submarines must comply with the same law of war rules as surface ships, a law of warrule may apply differently in the context of submarine warfare because of the differentcircumstances of submarine warfare as compared to surface warfare.For example, like surface warships, submarine warships also have an obligation to searchfor and collect the shipwrecked, wounded, and sick after an engagement. 117 This obligation,however, is subject to certain practical limitations, and the practical limitations faced bysubmarines may be different than those faced by surface vessels. 118 For example, although asurface warship might be able to take on board survivors after an engagement, a submarine mayhave limited passenger carrying capabilities. Thus, it may be necessary to rely on othermeasures (e.g., such as passing the location of possible survivors to a surface ship, aircraft, orshore facility capable of rendering assistance) to comply with the law of war obligation. 11913.8 BELLIGERENT CONTROL OF THE IMMEDIATE AREA OF NAVAL OPERATIONS13.8.1 Belligerent Right to Establish Special Restrictions in the Immediate Area of NavalOperations. Within the immediate area or vicinity of naval operations, to ensure proper battlespace management and self-defense objectives, a belligerent State may establish specialrestrictions upon the activities of neutral vessels and aircraft, and may prohibit altogether suchvessels and aircraft from entering the area. 120115 Refer to § 13.5.1.3 (Destruction of Captured Enemy Merchant Vessels).116 Refer to § 13.5.2 (Attack of Enemy Merchant Vessels).117 Refer to § 7.4.1 (GWS-Sea Obligation Regarding the Search, Collection, and Affirmative Protection of theWounded, Sick, Shipwrecked, and Dead).118 Refer to § 7.4.4 (Practical Limitations on the Obligation to Search for, Collect, and Take Measures to Protect theWounded, Sick, and Shipwrecked).119 Affidavit subscribed by Chester W. Nimitz, Fleet Admiral, Chief of Naval Operations, U.S. Navy from Joseph L.Broderick, Lieutenant Commander, U.S. Naval Reserve, of the International Law Section, Office of the JudgeAdvocate General, Navy Department (11 May 1946), in XVII TRIAL OF THE MAJOR WAR CRIMINALS BEFORE THEIMT 379-80 (“13. Q: ‘Were, by order or on general principles, the U.S. submarines prohibited from carrying outrescue measures toward passengers and crews of ships sunk without warning in those cases where by doing so thesafety of their own boat was endangered?’ ‘A: ‘On general principles, the U.S. submarines did not rescue enemysurvivors if undue additional hazard to the submarine resulted or the submarine would thereby be prevented fromaccomplishing its further mission. U.S. submarines were limited in rescue measures by small passenger-carryingfacilities combined with the known desperate and suicidal character of the enemy. Therefore, it was unsafe to pickup many survivors. Frequently survivors were given rubber boats and/or provisions. Almost invariably survivorsdid not come aboard the submarine voluntarily, and it was necessary to take them prisoner by force.’”).120 2007 NWP 1-14M 7.8 (“Within the immediate area or vicinity of naval operations, to ensure proper battle spacemanagement and self-defense objectives, a belligerent may establish special restrictions upon the activities of neutralvessels and aircraft and may prohibit altogether such vessels and aircraft from entering the area.”); 1955 NWIP430b (“Within the immediate area or vicinity of naval operations, a belligerent may establish special restrictions(see, for example, paragraph 520a) upon the activities of neutral vessels and aircraft and may prohibit altogether880

Hooray! Your file is uploaded and ready to be published.

Saved successfully!

Ooh no, something went wrong!