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13.11.2.2 International Waters. Controlled mines may be emplaced ininternational waters (i.e., beyond the territorial sea of any State) if they do not unreasonablyinterfere with other lawful uses of the oceans. What constitutes an “unreasonable interference”may involve a number of factors, including:• the rationale for their emplacement (e.g., the self-defense requirements of the emplacingState);• the extent of the area to be mined;• the hazard (if any) to other lawful ocean uses; and• the duration of their emplacement. 191Because controlled mines do not constitute a hazard to navigation, international notice oftheir emplacement is not required. 192Armed mines may not be emplaced in international waters prior to the outbreak of armedconflict, except under the most demanding requirements of individual or collective self-defense.Should armed mines be emplaced in international waters under such circumstances, priornotification of their location must be provided. A State emplacing armed mines in internationalwaters during peacetime must maintain an on-scene presence in the area sufficient to ensure thatappropriate warning is provided to ships approaching the danger area. All armed mines must beexpeditiously removed or rendered harmless when the imminent danger that prompted theiremplacement has passed. 19313.11.3 Naval Mining During Armed Conflict. Belligerent States may lawfully employnaval mines subject to certain restrictions.Neutral States that lay automatic contact mines off their coasts must observe the samerules and take the same precautions as those that are imposed on belligerents. 194 In addition, aneutral State must inform ship owners, by a notice issued in advance, where automatic contact191 2007 NWP 1-14M 9.2.2 (“The determination of what constitutes an ‘unreasonable interference’ involves abalancing of a number of factors, including the rationale for their emplacement (i.e., the self-defense requirements ofthe emplacing nation), the extent of the area to be mined, the hazard (if any) to other lawful ocean uses, and theduration of their emplacement.”).192 2007 NWP 1-14M 9.2.2 (“Because controlled mines do not constitute a hazard to navigation, internationalnotice of their emplacement is not required.”); 1997 NWP 9 9.2.2 (same); 1989 NWP 9 9.2.2 (same).193 2007 NWP 1-14M 9.2.2 (“Armed mines may not be emplaced in international waters prior to the outbreak ofarmed conflict, except under the most demanding requirements of individual or collective self-defense. Shouldarmed mines be emplaced in international waters under such circumstances, prior notification of their location mustbe provided. A nation emplacing armed mines in international waters during peacetime must maintain an on-scenepresence in the area sufficient to ensure that appropriate warning is provided to ships approaching the danger area.All armed mines must be expeditiously removed or rendered harmless when the imminent danger that promptedtheir emplacement has passed.”).194 HAGUE VIII art. 4 (“Neutral Powers which lay automatic contact mines off their coasts must observe the samerules and take the same precautions as are imposed on belligerents.”).894

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