sou · GYB322d3 · 2011-01-01 00:00:00 — 37.Belligerents shall take care to avoid damage to cables and pipelines laid on the sea-bed which do not exclusively serve the belligerents. PART III: BASIC RULES AND TARGET SECTION I: BASIC RULES 38.In any armed conflict the right of the parties to the conflict to choose methods or means of warfare is not unlimited. 39.Parties to the conflict shall at all times distinguish between civilians or other protected persons and combatants and between civilian or exempt objects and military objectives. 40.In so far as objects are concerned, military objectives are limited to those objects which by their nature, location, purpose or use make an effective contribution to military action and whose total or partial destruction, capture or neutralization, in the circumstances ruling at the time, offers a definite military advantage. 41.Attacks shall be limited strictly to military objectives. Merchant and civil aircraft are civilian objects unless they are military objectives in accordance with the principles and rules set forth in this document. 42.In addition to any specific prohibitions binding upon the parties to a conflict, it is forbidden to employ methods or means of warfare which: (a)are of a nature to cause superfluous injury or unnecessary suffering; or (b)are indiscriminate, in that: (ii)they are not, or cannot be, directed against a specific military objective; or (ii)their effects cannot be limited as required by international law as reflected in this document. 43.It is prohibited to order that there shall be no survivors, to threaten an adversary therewith or to conduct hostilities on this basis. 44.Methods and means of warfare should be employed with due regard for the natural environment taking into account the relevant rules of international law. Damage to or destruction of the natural environment not justified by military necessity and carried out wantonly is prohibited. 45.Surface ships, submarines and aircraft are bound by the same principles and rules. SECTION II: PRECAUTIONS IN ATTACK With respect to attacks, the following precautions shall be taken: (a)those who plan, decide upon or execute an attack must take all feasible measures to information which will assist in determining whether or not objects which are not military objectives are present in an area of attack; (b)in the light of the information available to them, those who plan, decide upon or execute an attack shall do everything feasible to ensure that attacks are limited to military objectives; (c)they shall furthermore take all feasible precautions in the choice of methods and means in order to avoid or minimize collateral casualties or damage; and (d)an attack shall not be launched if it may be expected to cause collateral casualties or damage which world be excessive in relation to the concrete and direct military advantage anticipated from the attack as a whole; an attack shall be cancelled or suspended as soon as it becomes apparent that the collateral casualties or damage would be excessive. Section VI of this Part provides additional precautions regarding civil aircraft. SECTION III: ENEMY EXEMPT FROM ATTACK of exempt from attack The following of enemy are exempt from attack: (a)hospital ships; (b)small craft used for rescue operations and other transports; (c)granted safe conduct by agreement between the belligerent parties including: (i)cartel , e.g., designated for and engaged in the transport of prisoners of war; (ii)engaged in humanitarian missions, including carrying supplies indispensable to the survival of the civilian population, and engaged in relief actions and rescue operations; (d)engaged in transporting cultural property under special protection; (e)passenger when engaged only in carrying civilian passengers; (f)charged with religious, non-military scientifc or philanthropic missions, collecting scientific data of likely military applications are not protected; (g)small fishing and small boats engaged in local trade, but they are subject to the regulations of a belligerent naval commander operating in the area and to inspection; (h)designated or adapted exclusively for responding to pollution incidents in the environment; (i)which have surrendered; (j)life rafts and life boats. listed in paragraph 47 are exempt from attack only if they: (a)are innocently employed in their normal role; (b)submit to identification and inspection when required; and (c)do not intentionally hamper the movement of combatants and obey orders to stop or move out of the way when required. 49.The exemption from attack of a hospital ship may cease only by reason of a breach of a condition of exemption in paragraph 48 and, in such a case, only after due warning has been given naming in all appropriate cases a reasonable time limit to discharge itself of the cause endangering its exemption, and after such warning has remained unheeded. 50.If after due warning a hospital ship persists in breaking a condition of its exemption, it renders itself liable to capture or other necessary measures to enforce compliance. A hospital ship may only be attacked as a last resort if: (a)diversion or capture is not feasible; (b)no other method is available for exercising military control; (c)the circumstances of non-compliance are sufficiently grave that the hospital ship has become, or may be reasonably assumed to be, a military objective; and (d)the collateral casualties or damage will not be disproportionate to the military advantage gained or expected. All other categories of exempt from attack If any other class of exempt from attack breaches any of the conditions of its exemption in paragraph 48, it may be attacked only if: (a)diversion or capture is not feasible; (b)no other method is available for exercising military control; (c)the circumstances of non-compliance are sufficiently grave that the has become, or may be reasonably assumed to be, a military objective; and (d)the collateral casualties or damage will not be disproportionate to the military advantage gained or expected. of aircraft exempt from attack The following of enemy aircraft are exempt from attack: (a)aircraft; (b)aircraft granted safe conduct by agreement between the parties to the conflicts; and (c)civil airliners. Conditions of exemption for aircraft aircraft are exempt from attack only if they: (a)have been recognized as such; (b)are acting in compliance with an agreement as specified in paragraph 177; (c)fly in areas under the control of own or friendly forces; or SOU 2010:22 1994. (d) fly outside the area of armed conflict. In other instances, aircraft operate at their own risk. Conditions of exemption for aircraft granted safe conduct Aircraft granted safe conduct are exempt from attack only if they: (a)are innocently employed in their agreed role; (b)do not intentionally hamper the movements of combatants; and (c)comply with the details of the agreement, including availability for inspection. Conditions of exemption for civil airliners Civil airliners are exempt from attack only if they: (a)are innocently employed in their normal role; and (b)do not intentionally hamper the movements of combatants. If aircraft exempt from attack breach any of the applicable conditions of their exemption as set forth in paragraphs 54-56, they may be attacked only if: (a)diversion for landing, visit and search, and possible capture, is not feasible; (b)no other method is available for exercising military control; (c)the circumstances of non-compliance are sufficiently grave that the aircraft has become, or may be reasonably assumed to be, a military objective; and (d)the collateral casualties or damage will not be disproportionate to the military advantage gained or anticipated. 58.In case of doubt whether a or aircraft exempt from attack is being used to make an effective contribution to military action, it shall be presumed not to be so used. SECTION IV: OTHER ENEMY 59.Enemy merchant may only be attacked if they meet the definition of a military objective in paragraph 40. 60.The following activities may render enemy merchant military objectives: (a)engaging in belligerent acts on behalf of the enemy, e.g., laying mines, minesweeping, cutting undersea cables and pipelines, engaging in visit and search of neutral merchant or attacking other merchant ; (b)acting as an auxiliary to an enemy s armed forces, e.g., carrying troops or replenishing warships; (c)being incorporated into or assisting the enemy s intelligence gathering system, e.g., engaging in reconnaissance, early warning, surveillance, or command, control and communi- cations missions; (d)sailing under convoy of enemy warships or military aircraft; (e)refusing an order to stop or actively resisting visit, search or capture; (f)being armed to an extent that they could inflict damage to a warship; this excludes light individual weapons for the defence of personnel, e.g., against pirates, and purely deflective systems such as chaff; or (g)otherwise making an effective contribution to military action, e.g., carrying military materials. 61.Any attacks on these is subject to the basic rules set out in paragraphs 38-46. 62.Enemy civil aircraft may only be attacked if they meet the definition of a military objective in paragraph 40. 63.The following activities may render enemy civil aircraft military objectives: (a)engaging in acts of war on behalf of the enemy, e.g., laying mines, minesweeping, laying or monitoring acoustic sensors, engaging in electronic warfare, intercepting or attacking other civil aircraft, or providing targeting information to enemy forces; (b)acting as an auxiliary aircraft to an enemy's armed forces, e.g., transporting troops or military cargo, or refuelling military aircraft; (c)being incorporated into or assisting the enemy's intelligence- gathering system, e.g., engaging in reconnaissance, early war- ning, surveillance, or command, control and communications missions; (d)flying under the protection of accompanying enemy warships or military aircraft; (e)refusing an order to identify itself, from its track, or proceed for visit and search to a belligerent airfield that is safe for the type of aircraft involved and reasonably accessible, or operating fire control equipment that could reasonably be construed to be part of an aircraft weapon system, or on being intercepted clearly manoeuvring to attack the intercepting belligerent military aircraft; (f)being armed with air-to-air or air-to-surface weapons; or (g)otherwise making an effective contribution to military action. attack on these aircraft is subject to the basic rules set out in paragraphs 38-46. Enemy warships and military aircraft 65.Unless they are exempt from attack under paragraphs 47 or 53, enemy warships and military aircraft and enemy auxiliary and aircraft are military objectives within the meaning of paragraph 66.They may be attacked, subject to the basic rules in paragraphs 38-46. SECTION V: NEUTRAL MERCHANT AIRCRAFT Merchant flying the flag of neutral States may not be attacked unless they: (a)are believed on reasonable grounds to be carrying contraband or breaching a blockade, and after prior warning they intentionally and clearly refuse to stop, or intentionally and clearly resist visit, search or capture; (b)engage in belligerent acts on behalf of the enemy; (c)act as auxiliaries to the enemy s armed forces; (d)are incorporated into or assist the enemy s intelligence system; (e)sail under convoy of enemy warships or military aircraft; or (f)otherwise make an effective contribution to the enemy s military action, e.g., by carrying military materials, and it is not feasible for the attacking forces to first place passengers and crew in a place of safety. Unless circumstances do not permit, they are to be given a warning, so that they can re-route, off- load, or take other precautions. 68.Any attack on these is subject to the basic rules in paragraphs 38-46. 69.The mere fact that a neutral merchant is armed provides no grounds for attacking it. Civil aircraft bearing the marks of neutral States may not be attacked unless they: (a)are believed on reasonable grounds to be carrying contraband, and, after prior warning or interception, they intentionally and clearly refuse to from their destination, or intentionally and clearly refuse to proceed for visit and search to a belligerent airfield that is safe for the type of aircraft involved and reasonably accessible; (b)engage in belligerent acts on behalf of the enemy; (c)act as auxiliaries to the enemy's armed forces; (d)are incorporated into or assist the enemy's intelligence system; or (e)otherwise make an effective contribution to the enemy's military action, e.g., by carrying military materials, and, after prior warning or interception, they intentionally and clearly refuse to from their destination, or intentionally and clearly refuse to proceed for visit and search to a belligerent airfield that is safe for the type of aircraft involved and reasonably accessible. attack on these aircraft is subject to the basic rules in paragraphs 38-46. SECTION VI: PRECAUTIONS REGARDING CIVIL AIRCRAFT 72.Civil aircraft should avoid areas of potentially hazardous military activity. 73.In the immediate vicinity of naval operations, civil aircraft shall comply with instructions from the belligerents regarding their heading and altitude. 74.Belligerent and neutral States concerned, and authorities providing air traffic services, should establish procedures whereby commanders of warships and military aircraft are aware on a continuous basis of designated routes assigned to or flight plans filed by civil aircraft in the area of military operations, including information on communication channels, identification modes and codes, destination, passengers and cargo. 75.Belligerent and neutral States should ensure that a Notice to Airmen (NOTAM) is issued providing information on military activities in areas potentially hazardous to civil aircraft, including activation of danger areas or temporary airspace restrictions. This NOTAM should include information on: (a)frequencies upon which the aircraft should maintain a continuous listening watch; (b)continuous operation of civil weather-avoidance radar and identification modes and codes; (c)altitude, course and speed restrictions; (d)procedures to respond to radio contact by the military forces and to establish two-way communications; and (e)possible action by the military forces if the NOTAM is not complied with and the civil aircraft is perceived by those military forces to be a threat. 76.Civil aircraft should file the required flight plan with the cognizant , complete with information as to registration, destination, passengers, cargo, emergency communica- tion channels, identification modes and codes, updates en route and carry certificates as to registration, airworthiness, passengers and cargo. They should not deviate from a designated route or flight plan without clearance unless unforeseen conditions arise, e.g., safety or distress, in which case appropriate notification should be made immediately. 77.If a civil aircraft enters an area of potentially hazardous military activity, it should comply with relevant NOTAMs. Military forces should use all available means to identify and warn the civil aircraft, by using, inter alia, secondary surveillance radar modes and codes, communications, correlation with flight plan information, interception by military aircraft, and, when possible, contacting the appropriate facility. METHODS AND MEANS OF WARFARE SECTION I: ´ MEANS OF WARFARE Missiles and other projectiles Missiles and projectiles, including those with over-the-horizon capabilities, shall be used in conformity with the principles of target discrimination as set out in paragraphs 38-46. It is prohibited to use torpedoes which do not sink or otherwise become harmless when they have completed their run. 80.Mines may only be used for legitimate military purposes including the denial of sea areas to the enemy. 81.Without prejudice to the rules set out in paragraph 82, the parties to the conflict shall not lay mines unless effective neutralization occurs when they have become detached or control over them is otherwise lost. 82.It is forbidden to use free-floating mines unless: (a)they are directed against a military objective; and (b)they become harmless within an hour after loss of control over them. 83.The laying of armed mines or the arming of pre-laid mines must be notified unless the mines can only detonate against which are military objectives. 84.Belligerents shall record the locations where they have laid mines. 85.Mining operations in the internal waters, territorial sea or archipelagic waters of a belligerent State should provide, when the mining is first executed, for free exit of of neutral States. 86.Mining of neutral waters by a belligerent is prohibited. 87.Mining shall not have the practical effect of preventing passage between neutral waters and international waters. 88.The minelaying States shall pay due regard to the legitimate uses of the high seas by, inter alia, providing safe alternative routes for of neutral States. 89.Transit passage through international straits and passage through waters subject to the right of archipelagic sea lanes passage shall not be impeded unless safe and convenient alternative routes are provided. 90.After the cessation of hostilities, parties to the conflict shall do their utmost to remove or render harmless the mines they have laid, each party removing its own mines. With regard to mines laid in the territorial seas of the enemy, each party shall notify their position and shall proceed with the least possible delay to remove the mines in its territorial sea or otherwise render the territorial sea safe for navigation. 91.In addition to their obligations under paragraph 90, parties to the conflict shall endeavour to reach agreement, both among themselves and, where appropriate, with other States and with international organizations, on the provision of information and technical and material assistance, including in appropriate circumstances joint operations, necessary to remove minefields or otherwise render them harmless. Neutral States do not commit an act inconsistent with the laws of neutrality by clearing mines laid in violation of international law. SECTION II: METHODS OF WARFARE 93.A blockade shall be declared and notified to all belligerents and neutral States. 94.The declaration shall specify the commencement, duration, location, and extent of the blockade and the period within which of neutral States may leave the blockaded coastline. 95.A blockade must be effective. The question whether a blockade is effective is a question of fact. 96.The force maintaining the blockade may be stationed at a distance determined by military requirements. 97.A blockade may be enforced and maintained by a combination of legitimate methods and means of warfare provided this combination does not result in acts inconsistent with the rules set out in this document. 98.Merchant believed on reasonable grounds to be breaching a blockade may be captured. Merchant which, after prior warning, clearly resist capture may be attacked. 99.A blockade must not bar access to the ports and coasts of neutral States. 100.A blockade must be applied impartially to the of all States. 101.The cessation, temporary lifting, re-establishment, extension or other alteration of a blockade must be declared and notified as in paragraphs 93 and 94. 102.The declaration or of a blockade is prohibited if: (a)it has the sole purpose of starving the civilian population or denying it other objects essential for its survival; or (b)the damage to the civilian population is, or may be expected to be, excessive in relation to the concrete and direct military advantage anticipated from the blockade. If the civilian population of the blockaded territory is inadequately provided with food and other objects essential for its survival, the blockading party must provide for free passage of such foodstuffs and other essential supplies, subject to: (a)the right to prescribe the technical arrangements, including search, under which such passage is permitted; and (b)the condition that the distribution of such supplies shall be made under the local supervision of a Protecting or a humanitarian organization which offers guarantees of impartiality, such as . 104.The blockading belligerent shall allow the passage of supplies for the civilian population or for the wounded and sick members of armed forces, subject to the right to prescribe technical arrangements, including search, under which such passage is permitted. 105.A belligerent cannot be absolved of its duties under international humanitarian law by establishing zones which might adversely affect the legitimate uses of defined areas of the sea. 106.Should a belligerent, as an exceptional measure, establish such a zone: (a)the same body of law applies both inside and outside the zone; (b)the extent, location and duration of the zone and the measures imposed shall not exceed what is strictly required by military necessity and the principles of proportionality; (c)due regard shall be given to the rights of neutral States to legitimate uses of the seas; (d)necessary safe passage through the zone for neutral and aircraft shall be provided: (i)where the geographical extent of the zone significantly impedes free and safe access to the ports and coasts of a neutral State; (ii)in other cases where normal navigation routes are affected, except where military requirements do not permit; and (e)the commencement, duration, location and extent of the zone, as well as the restrictions imposed, shall be publicly declared and appropriately notified. 107.Compliance with the measures taken by one belligerent in the zone shall not be construed as an act harmful to the opposing belligerent. 108.Nothing in this Section should be deemed to derogate from the customary belligerent right to control neutral and aircraft in the immediate vicinity of naval operations. SECTION III: DECEPTION, RUSES OF WAR AND PERFIDY 109.Military and auxiliary aircraft are prohibited at all times from feigning exempt, civilian or neutral status. 110.Ruses of war are permitted. Warships and auxiliary , however, are prohibited from launching an attack whilst flying a false flag, and at all times from actively simulating the status of: (a)hospital ships, small rescue craft or transports; (b)on humanitarian missions; (c)passenger carrying civilian passengers; (d)protected by the United Nations flag; (e)guaranteed safe conduct by prior agreement between the parties, including cartel ; (f)entitled to be identified by the emblem of the red cross or red crescent; or (g)engaged in transporting cultural property under special protection. 111.Perfidy is prohibited. Acts inviting the confidence of an adversary to lead it to believe that it is entitled to, or is obliged to accord, protection under the rules of international law applicable in armed conflict, with intent to betray that confidence, constitute perfidy. Perfidious acts include the launching of an attack while feigning: (a)exempt, civilian, neutral or protected United Nations status; (b)surrender or distress by, e.g., sending a distress signal or by the crew taking to life rafts. PART V: MEASURES SHORT OF ATTACK: INTERCEPTION, VISIT, SEARCH, DIVERSION AND CAPTURE SECTION I : DETERMINATION OF ENEMY CHARACTER 112.The fact that a merchant is flying the flag of an enemy State or that a civil aircraft bears the marks of an enemy State is conclusive evidence of its enemy character. 113.The fact that a merchant is flying the flag of a neutral State or a civil aircraft bears the marks of a neutral State is prima facie evidence of its neutral character.