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State of information concerning military operations or military forces is inconsistent with theneutral State’s duties of abstention and impartiality, and renders the neutral State’s vessel oraircraft making such a communication liable to capture or destruction. 126Legitimate distress communications should be permitted to the extent that the success ofthe operation is not prejudiced thereby. 12713.9 MARITIME AND AIRSPACE ZONES: EXCLUSION, WAR, OPERATIONAL, WARNING, ANDSAFETYBelligerent States may establish various maritime and airspace zones during armedconflict. The legal rules that apply to the establishment and enforcement of a zone may dependon the function of the zone and, in particular, whether additional belligerent rights are asserted asa consequence of vessels entering the zone.Neutral or non-belligerent States have established such zones. 12813.9.1 Authority to Establish Zones. The authority necessary to establish a zone maydepend on the location of the zone and the belligerent rights that are asserted as a consequence ofvessels entering the zone.The establishment of a zone in a State’s waters may rely on its sovereignty over thosewaters. 129 Similarly, the establishment of a zone in a State’s airspace may rely on its sovereigntyorders expose themselves to the risk of being fired upon. Such vessels and aircraft are also liable to capture (seesubparagraph 503d7).”).126 2007 NWP 1-14M 7.8 (“Any transmission to an opposing belligerent of information concerning militaryoperations or military forces is inconsistent with the neutral duties of abstention and impartiality and renders theneutral vessel or aircraft liable to capture or destruction.”). Consider Commission of Jurists to Consider and ReportUpon the Revision of the Rules of Warfare, General Report, Part I: Rules for the Control of Radio in Time of War,art. 6, Feb. 19, 1923, reprinted in 32 AJIL SUPPLEMENT: OFFICIAL DOCUMENTS 2, 7-8 (1938) (“1. The transmissionby radio by a vessel or an aircraft, whether enemy or neutral, when on or over the high seas of military intelligencefor the immediate use of a belligerent is to be deemed a hostile act and will render the vessel or aircraft liable to befired upon. 2. A neutral vessel or neutral aircraft which transmits when on or over the high seas informationdestined for a belligerent concerning military operations or military forces shall be liable to capture. The prize courtmay condemn the vessel or aircraft if it considers that the circumstances justify condemnation.”).127 2007 NWP 1-14M 7.8 (“Legitimate distress communications should be permitted to the extent that the successof the operation is not prejudiced thereby.”); 1955 NWIP 10-2 520a (“Legitimate distress communications byneutral vessels and aircraft should be permitted if they do not prejudice the success of such operations.”).128 For example, The Nyon Arrangement Between the United Kingdom of Great Britain and Northern Ireland,Bulgaria, Egypt, France, Greece, Roumania, Turkey, the Union of Soviet Socialist Republics and Yugoslavia,Sept.14, 1937, 181 LNTS 135.129 Refer to § 13.2.2 (National Waters). For example, L.F.E. Goldie, Maritime War Zones & Exclusion Zones, 64U.S. NAVAL WAR COLLEGE INTERNATIONAL LAW STUDIES 156, 189-90 (1991) (“At this point it may be noted inpassing that ‘Operation Market Time,’ which was enforced by the United States Navy during the Vietnamese Warwas legally valid since it was a law-enforcement operation limited to a distance of twelve miles from the low watermark of South Vietnam (it did not extend north beyond the DMZ) and so within the domestic competence of SouthVietnam, which legislated to empower the activity. Since that operation was conducted entirely within the territorialsea and contiguous zone of South Vietnam, it does not come within the perspective of the present paper.”).882

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