10.07.2015 Views

5cjxburmr

5cjxburmr

5cjxburmr

SHOW MORE
SHOW LESS

Create successful ePaper yourself

Turn your PDF publications into a flip-book with our unique Google optimized e-Paper software.

situation would fall under the general duty of a neutral State with respect to the treatment ofbelligerent State forces that enter, or seek to enter, its territory. 20615.10.3 Duties of Neutral States With Respect to Their Airspace. As with other neutralterritory, neutral States have an affirmative duty to prevent the violation of their airspace bybelligerent military aircraft. 207 For example, if a belligerent military aircraft enters neutralairspace, the neutral State is obliged to use the means at its disposal to require the belligerentmilitary aircraft to land within its territory. 208 After the aircraft lands, the neutral State mustintern the aircraft and its crew for the duration of the armed conflict.If a neutral State is unable or unwilling to prevent the unlawful entry or use of its airspaceby a belligerent State, the opposing belligerent State’s forces may undertake such self-helpenforcement measures as the circumstances may require. 209 For example, belligerents withmissile defense capabilities may be justified in intercepting enemy missiles transiting neutralairspace if the neutral state cannot, or will not, prevent such airspace incursions.15.11 BELLIGERENT RIGHT OF ANGARYThe right of angary recognizes the right of belligerents to requisition (upon payment ofjust compensation) neutral property transiently within their territory, or in territory that they haveoccupied, where the property is urgently required for the conduct of the war. 21015.11.1 Neutral Property Transiently Within Belligerent Jurisdiction. The belligerentright of angary applies to property that is transiently within belligerent jurisdiction. For example,neutral ships have been subject of the exercise of the right of angary. 211206 Refer to § 15.16 (Belligerent Forces Taking Refuge in Neutral Territory).207 See, e.g., TUCKER, THE LAW OF WAR AND NEUTRALITY AT SEA 251 (“The practices of states during World WarsI and II may be regarded as having firmly established both the right as well as the duty of the neutral state to forbidthe entrance of belligerent military aircraft into its air space.”); SPAIGHT, AIR POWER AND WAR RIGHTS 420 (“Theimportant question whether the laws of neutrality allow belligerent military aircraft to come and go in neutraljurisdiction was answered by the practice of 1914-18 with a firm and unmistakable negative. The unanimity of theanswer was remarkable. All the neutral States who had occasion to decide the question decided it in the samegeneral way, and their decision gave rise to no protest on the part of the belligerents concerned, with one singleexception, which the subsequent action and compliance of the State making it deprived of all its force.”).208 Consider Commission of Jurists to Consider and Report Upon the Revision of the Rules of Warfare, GeneralReport, Part II: Rules of Aërial Warfare, art. 42, Feb. 19, 1923, reprinted in 32 AJIL SUPPLEMENT: OFFICIALDOCUMENTS 12, 36 (1938) (“A neutral government must use the means at its disposal to prevent the entry within itsjurisdiction of belligerent military aircraft and to compel them to alight if they have entered such jurisdiction. Aneutral government shall use the means at its disposal to intern any belligerent military aircraft which is within itsjurisdiction after having alighted for any reason whatsoever, together with its crew and the passengers, if any.”).209 Refer to § 15.4.2 (Belligerent Use of Self-Help When Neutral States Are Unable or Unwilling to PreventViolations of Neutrality).210 GREENSPAN, MODERN LAW OF LAND WARFARE 581 (“The right of angary, an ancient rule of international law, inits modern application recognizes the right of belligerents to requisition (upon payment of just compensation)neutral ships and other neutral property transiently within their territory, or in territory which they have occupied,where the property is urgently required for the conduct of the war.”).965

Hooray! Your file is uploaded and ready to be published.

Saved successfully!

Ooh no, something went wrong!