5cjxburmr

15.7.4.1 Right of Entry in Distress for Belligerent Vessels. Belligerent vessels,including warships, have a right of entry in distress whether caused by force majeure or damageresulting from enemy action. 159 The right of entry in distress does not prejudice the measuresthat a neutral State may take after entry has been granted, such as measures to intern the ship if itremains when it is not entitled to remain. 16015.8 PASSAGE OF BELLIGERENT VESSELS AND AIRCRAFT THROUGH INTERNATIONAL STRAITS ANDARCHIPELAGIC SEA LANESAlthough a neutral State may suspend the passage of belligerent warships through itswaters, a neutral State may not suspend, hamper, or otherwise impede the access of belligerentvessels and aircraft through international straits overlapped by neutral waters or archipelagic sealanes of a neutral State.Belligerent vessels and aircraft transiting through international straits overlapped byneutral waters or archipelagic sea lanes of a neutral State must adhere to certain requirements.15.8.1 Passage of Belligerent Vessels and Aircraft Through International StraitsOverlapped by Neutral Waters. All ships and aircraft (including those belonging to belligerentand neutral States) have a right of transit passage through, over, and under all straits used forinternational navigation. 161 Such passage by vessels carrying contraband of war or by belligerentwarships is not regarded as compromising the neutrality of the State with water overlapping suchstraits. 162 Neutral States bordering international straits may not suspend, hamper, or otherwiseimpede the right of transit passage through international straits. 163158 2007 NWP 1-14M 7.3.4 (“Neutral nations customarily authorize passage through their territorial sea of shipscarrying the wounded, sick, and shipwrecked, whether or not those waters are otherwise closed to belligerentvessels.”); 1997 NWP 9 7.3.4 (same); 1989 NWP 9 7.3.4.1 (same).159 TUCKER, THE LAW OF WAR AND NEUTRALITY AT SEA 240 (“It is generally recognized, however, thatinternational practice requires that exception be made in the neutrality regulations of states to permit the entry ofbelligerent warships in distress. Entry in distress may result from weather or sea conditions, but it may also resultfrom damage incurred in battle. Even pursuit by the enemy appears to give belligerent warships a right of entry.But this right of entry in distress cannot be held to prejudice the measures a neutral state may take once admissioninto its waters and ports has been granted.”).160 Refer to § 15.9.2 (Detention of Belligerent Ships That, and Personnel Who, Are Not Entitled to Remain in aNeutral Port).161 See 2007 NWP 1-14M 7.3.6 (“Customary international law as reflected in the 1982 LOS Convention providesthat belligerent and neutral surface ships, submarines, and aircraft have a right of transit passage through, over, andunder all straits used for international navigation.”). Consider LOS CONVENTION art. 38(1) (“In straits referred to inarticle 37 [i.e., straits that are used for international navigation between one part of the high seas or an exclusiveeconomic zone and another part of the high seas or an exclusive economic zone], all ships and aircraft enjoy theright of transit passage, which shall not be impeded.”).162 The S.S. Wimbledon, (United Kingdom, France, Japan v. Germany) (Judgment), 1923 P.C.I.J. (series A) No. 1,at 28 (“The precedents therefore afforded by the Suez and Panama Canals invalidate in advance the argument thatGermany's neutrality would have necessarily been imperilled [sic] if her authorities had allowed the passage of the‘Wimbledon’ through the Kiel Canal, because that vessel was carrying contraband of war consigned to a state thenengaged in an armed conflict. Moreover they are merely illustrations of the general opinion according to whichwhen an artificial waterway connecting two open seas has been permanently dedicated to the use of the whole957