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15.7 NEUTRAL WATERSBelligerent States are forbidden to use a neutral State’s ports and waters as a base ofnaval operations against their adversaries, and in particular to erect or employ any apparatus forcommunicating with belligerent forces on land or sea. 138 For example, a belligerent State’swarships may not make use of a neutral State’s ports, roadsteads, and territorial waters toreplenish or increase their supplies of war materials or their armaments, or for completing theircrews. 139 Belligerent State forces must refrain from acts of hostility in neutral waters, including theexercise of visit and search. 140The neutral State has an affirmative duty to police its waters to prevent violations ofneutrality in its waters. 141 If a neutral State is unable or unwilling to detect and expel belligerentforces unlawfully present in its waters, the opposing belligerent State may undertake such selfhelpenforcement actions as may be necessary to terminate the violation of neutrality.15.7.1 Waters That Are Considered Neutral. The waters that are subject to thesovereignty of a neutral State are considered neutral. Neutral waters may be understood toinclude the following waters belonging to a neutral State:• the territorial sea, including up to 12 nautical miles; 142• archipelagic waters; 143 and• ports, roadsteads, and internal waters. 144For the purpose of applying the law of neutrality, all ocean areas not subject to theterritorial sovereignty of any State (i.e., all waters seaward of neutral States’ territorial seas) arenot considered neutral waters. The following waters are not considered neutral waters:• a neutral State’s contiguous zone; 145138 HAGUE XIII art. 5 (“Belligerents are forbidden to use neutral ports and waters as a base of naval operationsagainst their adversaries, and in particular to erect wireless telegraphy stations or any apparatus for the purpose ofcommunicating with the belligerent forces on land or sea.”).139 HAGUE XIII art. 18 (“Belligerent war-ships may not make use of neutral ports, roadsteads, or territorial waters forreplenishing or increasing their supplies of war material or their armament, or for completing their crews.”).140 Refer to § 15.13.3 (Where Belligerents May Not Exercise the Right of Visit and Search).141 Hague XIII art. 25 (“A neutral Power is bound to exercise such surveillance as the means at its disposal allow toprevent any violation of the provisions of the above Articles occurring in its ports or roadsteads or in its waters.”).142 Refer to § 13.2.2.2 (Territorial Seas).143 Refer to § 13.2.2.3 (Archipelagic Waters).144 Refer to § 13.2.2.1 (Internal Waters).145 Refer to § 13.2.3.2 (Contiguous Zones).954

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