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13.12 TORPEDOESIt is forbidden to use torpedoes that do not become harmless when they miss theirmark. 216 Such torpedoes may become a hazard to innocent shipping, and therefore torpedoesmust be designed to become harmless when they have missed their mark.For example, torpedoes have been designed to become harmless upon completion of theirpropulsion run, such as by sinking to the bottom.13.12.1 Torpedoes – Notes on Terminology. In the 19th century, the term “torpedo” wasused to refer to any explosive munition that operated by contact against the hull of a ship,including relatively stationary munitions that, in modern parlance, would be called mines. 217However, by the time of the 1907 Hague VIII Convention, the term “torpedo” was used in themodern sense to refer to munitions that propelled through the water. 21813.13 DECEPTION BY NAVAL FORCES, INCLUDING THE USE OF ENEMY OR NEUTRAL FLAGSIn general, the rules concerning good faith, ruses, and perfidy also apply to navalwarfare. 219 For example, it would be prohibited for a belligerent warship to convey falsely theappearance of a hospital ship. 220 On the other hand, a variety of deceptions are not prohibited,including camouflage, deceptive lighting, disguised electronic signatures, and dummy ships,among others. 221216 HAGUE VIII art. 1 (“It is forbidden … 3. To use torpedoes which do not become harmless when they have missedtheir mark.”).217 For example, TAMARA MOSER MELIA, DAMN THE TORPEDOES: A SHORT HISTORY OF U.S. NAVAL MINECOUNTERMEASURES, 1777-1991, 3 (1991) (“At high tide on the morning of 5 August Farragut entered the bay.Farragut’s officers had persuaded him to allow the sloop Brooklyn, hastily rigged with a rudimentary torpedo catcheron the bowsprit, to lead the advance in place of Farragut’s flagship, Hartford. Contrary to Farragut’s orders,monitor Tecumseh moved west of the red buoy where it struck and detonated one of the newly placed mines. AsTecumseh quickly went down, Brooklyn suddenly stopped and backed, stalling the fleet’s advance. High inHartford’s rigging Farragut watched Tecumseh sink and Brooklyn hesitate. From Hartford’s poop deck LieutenantWatson heard the admiral’s exchange with Brooklyn: ‘Farragut hailed again and all that could be distinguished ofher reply was something about torpedoes. ‘Damn the torpedoes!’ he instantly shouted, ordering Hartford’s captain‘Full speed ahead, Drayton.’’”).218 A. PEARCE HIGGINS, THE HAGUE PEACE CONFERENCES AND OTHER INTERNATIONAL CONFERENCES CONCERNINGTHE LAWS AND USAGES OF WAR. TEXT OF CONVENTIONS WITH COMMENTARIES 328 (1909) (“The word ‘torpille’until recently appears to have meant any sort of receptacle containing an explosive intended to operate against thehull of a ship by contact either on or below the water line. Thus, there were torpilles fizes, torpilles mouillees,torpilles mobiles, and finally torpilles automobiles. It would appear that latterly the word has come to mean only‘automobile torpedo,’ e.g. in the Convention now under consideration the word ‘mine’ is used when an automatictorpedo is not implied.”).219 Refer to § 5.21 (Overview of Good Faith, Perfidy, and Ruses).220 Refer to § 5.24.2 (Distinctive Emblems of the Geneva Conventions (e.g., Red Cross)); § 7.12.3 (DistinctiveMarking and Other Identification of Hospital Ships and Coastal Rescue Craft).221 Refer to § 5.25.2 (Examples of Ruses).898

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