Page 98 - NAVAL SCIENCE 3 TEXTBOOK

INTERNATIONAL LAW AND THE SEA 103

dropped mines of all types in ri\'ers, floated thelll down rivers into must be e.fieCfil'c; thM is, if il ship attempts to enter or leiwe a block-
the open seas, and laid them throughout harbors and bays without aded port, its capture must be attempted. Today, because of mod-
regard for commercial ships and peaceful fishermen. The rules were ern radar, aircraft, and submarines. a "distant blockading force" is
ag,lin violated during the Iran- Iraq \Var in the 1 980s, when drifting more probable than a close-in force of warships, as in earlier times.
mines were released into the Persian GulC causing damage to ships The penalties for trying to breach a blockade are liability to capture
of several nations, including the United States. and condemnation by a prize court. A limited and selective form
Chemic"l, biologic"l, "nd radiologic"l (CllR) warl"le ma)' be of naval blockade directed against specific prohibited cargo (nJ/l-
used by United States forces only if and when authorized by the tmiJlIlld) is called a Cjllamllt;'lC. The classic example of a quarantine
president.ln general, the use of such weapons has been condemned "'.lS cillTied out by the U.S. Navy in 1962 during the Cubdn ~,rissile
by the United States, and President Richard Nixon halted the pro- Crisis for the purpose of stopping more Soviet missiles from being
duction of chemical and biological agents in 1969. It is known, delivered to Cuba.
however. that Soviet forces remained at a high state of training in Belligerent warships may also cause a merchant ship to pause
the use of these weapons, and several of their foriller client states on the high seas and submit to visit and search for possible contra-
in the lvliddle East and many suspected terrorist organizations still band. Contraband consists of all goods useful for making war that
are. CBR weapons, however, in the absence of international 1.1ws to arc destined lor an enemy. Today, since governments of belliger-
the contrary, must still be regarded as lawful, subject to the general ent nations oilen take over control of all distribution of load, fuel,
rules of humanity that govern the use of all weapons in wartime. and raw materials. few items indeed would not be found on a pub-
The United States proposed that nuclear weapons be prohibited lished contraband list.
from usc in the deep seabed and ocean floor, and a treaty to this In the process of visit and senrch, the suspected vessel is
effect was negotiated clild approved by the United Nations in 1970. directed by international flag hoist or other visual signals and }',1(.iio
Aerinl or IMV.11 bombardment intended to inflict wanton to halt so qualified naval officers may board and examine the ship's
destruction of populnted places or other devastation not justi- papers, registry, ports of departure and destination, and nature of
fied by military necessity is absolutely forbidden by the mles. The the cargo and other l~lCtS . If no contr,lband is foulld, all entry is
bombardment of undefended cities open for immediate occupa- written into the ship's logbook, ,llld the vessel is allowed to pro-
tion and bombardment for the sale purpose of terrorizing a civil- ceed. If contmband is discovered, the ship mily either be further
ian POpuhltion are also forbidden. In \Vorld \Var II, it can be said searched on the spot or, more commonly. directed to .lCcompallY
without pride that both sides committed horril)'ing violations of the warship into port so a search may be conducted thoroughly
this rule, the Allies in retaliation Jor Axis raids on cities in England. and in safety. Liability of the ship or cargo to capture is determined
i'vledical establishments, hospital zones, muscums, churches, and by a prize court, not the boarding officer on the high seas. If a ves-
buildings housing religious organizations arc entitled to special sel resists or ,lttempts to Ike, the w,nship may use force to restrain
protection. Hospital ships and aircraft, when marked and oper- it and, if absolutely necessal'}'. mil)' sink it.
ating as required by the Geneva Convention, may not legally be
made the object of attack ill Il;W,ll \\'<lrfare.
Enforcement of the Law
In general, it subm,nine must follow the rules of warfare appli-
cable to surface ships. Under internatiollallaw. before a merchant The most effective way of enforcing the laws of war is the offi-
\'essel can be sunk, the belligerent warship mllst give w,nning and cial publication of the t~lCtS by the wronged nation, with intent to
enable the victim's crew and ship's papers to be debarked to il pi<lCe influence world opinion against the atTending belligerent. This has
of relative safety. During \Vorld \Vars I and II, this rule W.15 abro- proven effective in the world forum of nations. If the htws of war
gated by both sides, each of which claimed that they adopted unre- are bre • .lChed, protests and dem.ll1ds for the punishment of oft-end-
stricted submarine wart~l1'e in retaliation for illegal acts by the ing individuals, as well as compensation, Me probable. Reprisal for
other. The matter was further complicated when merchant ships illegal acts mily also be attempted, but may not be done for revenge
were armed, convoyed by warships, and ordered to fire upon or alone. Neither can this measure be taken against civilian detain-
ram submarines on sight. Additionally, m<ll1)' merchant ships have ees or military prisoners of war. Acts of reprisal must ccase as soon
now been integrated into the naval intelligence network. \'''hile as they have achieved their specific objective. The final method of
the legality of attack without warning on such vessels is no longer enforcement of the laws of war is by the punishment of war crimes.
clear, submariners mt1intain that their actions are legal because of \Var crimes trials and the publicity that accompanies them can be
their vulnerability when surfaced or otherwise located. an clTective deterrent against future violations of the laws of war.
Olle permissible method that a belligerent may use to shut
off an enemy's trade is the blockade. To make a blockade legal, it