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The immediate area or vicinity of naval operations is that area within which hostilities aretaking place, or belligerent State forces are actually operating. 121Belligerent State control over neutral vessels and aircraft within the immediate area ofnaval operations is based upon a belligerent State’s right to ensure the security of its forces andits right to conduct hostilities without interference from neutrals. 122A belligerent State may not purport to deny access to neutral States, or to close aninternational strait to neutral shipping, pursuant to this authority unless another route of similarconvenience remains open to neutral traffic. 12313.8.2 Belligerent Right to Control Communication of Neutral Merchant Vessels orAircraft at Sea. A belligerent warship may exercise control over the communications of anyneutral merchant vessel or civil aircraft whose presence in the immediate vicinity of navaloperations might otherwise endanger or jeopardize those operations. 124A neutral merchant ship or civil aircraft within that area that fails to conform to abelligerent warship’s directions concerning communications may thereby assume enemycharacter and risk being fired upon or captured. 125 Any transmission to an opposing belligerentsuch vessels and aircraft from entering the area.”); 2006 AUSTRALIAN MANUAL 6.16 (“Within the immediate areaor vicinity of naval operations, a belligerent may establish special restrictions upon the activities of neutral vesselsand aircraft and may prohibit altogether such vessels and aircraft from entering the area.”); 2004 UK MANUAL13.80 ( “Nothing in paragraphs 13.65 to 13.79 [on blockades and security zones] should be deemed to derogatefrom the customary belligerent right to control neutral vessels and aircraft in the immediate vicinity of navaloperations.”).121 2007 NWP 1-14M 7.8 (“The immediate area or vicinity of naval operations is that area within which hostilitiesare taking place or belligerent forces are actually operating.”); 1997 NWP 9 7.8 (same); 1989 NWP 9 7.8(substantially similar); TUCKER, THE LAW OF WAR AND NEUTRALITY AT SEA 300 (“It should be emphasized, though,that the immediate area of naval operations refers to an area within which naval hostilities are taking place or withinwhich belligerent forces are actually operating.”).122 TUCKER, THE LAW OF WAR AND NEUTRALITY AT SEA 301 (“The claim to control neutral vessels and aircraftwithin the immediate vicinity of operating forces is essentially a limited and transient one and is based not only uponthe right of a belligerent to insure the security of his forces but upon the right to attack and to defend himself withoutinterference from neutrals.”).123 2007 NWP 1-14M 7.8 (“A belligerent may not, however, purport to deny access to neutral nations, or to closean international strait to neutral shipping, pursuant to this authority unless another route of similar convenienceremains open to neutral traffic.”); 1997 NWP 9 7.8 (same); 1989 NWP 9 7.8 (same). Compare § 13.10.2.5(Limitations on the Scope of the Blockade).124 2007 NWP 1-14M 7.8 (“The commanding officer of a belligerent warship may exercise control over thecommunication of any neutral merchant vessel or civil aircraft whose presence in the immediate area of navaloperations might otherwise endanger or jeopardize those operations.”); 1955 NWIP 10-2 520a (“Within theimmediate vicinity of his forces, a belligerent commanding officer may exercise control over the communications ofany neutral merchant vessel or aircraft whose presence might otherwise endanger the success of the operations.”);2006 AUSTRALIAN MANUAL 6.17 (“Within the immediate area or vicinity of naval operations, a commandingofficer of a belligerent warship may exercise control over the communications of any neutral merchant vessel oraircraft whose presence might otherwise endanger the success of the belligerent operation.”).125 2007 NWP 1-14M 7.8 (“A neutral merchant ship or civil aircraft within that area that fails to conform to abelligerent’s directions concerning communications may thereby assume enemy character and risk being fired uponor captured.”); 1955 NWIP 10-2 430b (“Neutral vessels and aircraft which fail to comply with a belligerent’s881

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