Page 95 - NAVAL SCIENCE 3 TEXTBOOK

II The Law of War at Sea

The high sens in lime of peace are ti"ee for the lawful lise of the ensure that its warships conduct themselves at all times in a man-
ships <lnd people of all countries. The previolls chapter mentioned ner that brings credit to the nation thc)' represellt.
many of these uses: maritime commerce, fishing, occanographic \,Vith privileges, of course, come duties. COlllmanding officers
research, and training exercises of naval surface and nir units. of U.S. Nnvy ships, in conformnnce with the Geneva Convention
among others. Because the high SC;1S are not under the sovereignt), of the High Seas and U.S. Nml)' Regll/nriollS, IllUst
of nil)' state, the preservntiol1 of law and order thereon fnlls within
Render tlssistance to nny person found at sea in danger of
the scope of international law. Until the tcchnologicnl ::ld\,tlnces
being lost
of this ccntury opened the seabeds of the ocean, sailors and ships
Proceed with nil possible speed to the reSClle of persons in dis-
were the only users. ConseCJuently. a large portion of international
tress if informed of their need of assistance, insoftlr tlS such
law is concerned with ships-their rights and privileges. their Imf·
tlction may reasonnbly be expected of officers
fie rules, admiralty Inw, ~lI1d laws of conduct in pe,l(c .md war.
After collision, render assistance to the other ship, its crew,
and passengers
Warships and the Law
\Varships of all nations have a duty to suppress piracy on
Two specific requirements must be met in order for <l ship to be the high sens. In order that the}' might accomplish their duty in
termed a worship. First, the vessel must be commissioned <lS <l pnrt this respect, internntiollal law has recognized that w<lrships hnve
of the na\'tli forces of a state and nuthorized to display an appro- the right to appronch, which can be exercised in either peace or
priate f1ng or pennant that identifies it as such. Second, the vessel
war. \Varships as a matter of pmctice, therefore, request the name
mllst be conllllnncleci by a member of the military forces of that
nnd nationality of all merchant ships mct at seH, usually by flash-
state and must h<lve crew subject to milit<lry discipline.
ing light. This activity Ciln keep a signal bridge busy indeed when il
\Varships represent the sovereignty and independence of the navnl vessel npproaches chokepoints in navigation. The cOlllmand-
Shlh: to which they belong. The jurisdiction of this sttlte over them ing officer lllllst justi~' ilny action beyond this standard inquiry.
is exclusive under all circumstances, and illl)' act of interference All)' such action is done nt thc commanding officer's own risk, for
with them by a foreign state is an act of war. if il foreign ship is hindered in violation of the freedom of the sens,
This docs not mean that a warship on the high seas is free of all this could causc embarmssment to the officer's government.
restrictions. Rather, as always, responsibility accompanies privilege. It is clenrly the right of <lily country to forbid foreign wnrships
The aspect of leadership, ever present in naval matters, appears
to enter any of its ports. I-Iowever, it is customary for nations to
here with vivid importance. In representing their countries, COIll-
grant access to warships of Ilations with which they are nt peace.
mi.H1ding ofticers of warships head their officers and crew in the Sometimes such visits arc based 011 reciprocal rights by the other
same manner as ambassadors head their legations. The U.S. fed- nation to return such a port call within a reasonable period. In the
eral court has stated it this way: "The immunity granted to diplo- case of the \'Vestern allies, particularly in the i'dediterranean, spe-
matic representatives of a sovereign and to its vessels of Wi.ll' ... can cial agrecments for visits hnve becn concluded with certain coun-
be snfel)' nccorded, because the limited numbers and the ordinar- tries in which U.S. Navy ships cnll regularly. In the nbsencc of sllch
ily responsible character of the diplomats or agents in charge of the agreements, howewr, the usual procedure to secure permission for
property in question <lnd the dignity and honor of the sovereignty a ship visit is through diplolll<ltic channels, usu;.lll)' via the Depart-
in whose ser\'ices they are, make abuse of such imlllunity mre."
ment ofStnte and the nilval atttlche in the nation to be visited.
Just as interference with a warship on the high sens is an ofrense
\ Vhen in n foreign port. a warship is considered an extension
against the sovereign in whose service the warship is employed,
of the territory of its sovcreign state and is not subject to any inter-
the abuse of privilege by a warship is i.l direct retlection lIpon the ference by locnl authorities. Police or port authorities nre ne\'er
honor of that same sovereign. For this reasoll. every nntioll with entitled to botlrd the ship without first obtaining the permission
il nilvy of its own has, by tradition and rcgulation, attempted to of the cOllllllnnding officer, who is never required to submit to a
search of the ship.

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