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РУКОВОДСТВО САН-РЕМО по МЕЖДУНАРОДНОМУ ПРАВУ, ПРИМЕНИМОМУ к ВООРУЖЕННЫМ КОНФЛИКТАМ НА МОРЕ [РУС., АНГЛ.] (ПРИНЯТО в г. САН-РЕМО 12.06.1994)

Текст документа по состоянию на 1 марта 2008 года (архив)

Страница 5
 
       4. The  principles  of  necessity  and  proportionality  apply
   equally to armed conflict at sea and require that the  conduct  of
   hostilities  by  a  State should not exceed the degree and kind of
   force,  not otherwise prohibited by the  law  of  armed  conflict,
   required  to  repel  an armed attack against it and to restore its
   security.
       5. How  far  a  State  is  justified  in  its military actions
   against the enemy will depend upon the intensity and scale of  the
   armed attack for which the enemy is responsible and the gravity of
   the threat posed.
       6. The  rules  set out in this document and any other rules of
   international humanitarian law shall apply equally to all  parties
   to  the  conflict.  The  equal  application  of these rules to all
   parties to the conflict shall not be affected by the international
   responsibility  that may have been incurred by any of them for the
   outbreak of the conflict.
   
                              Section III
   
             ARMED CONFLICTS IN WHICH THE SECURITY COUNCIL
                            HAS TAKEN ACTION
   
       7. Notwithstanding  any  rule in this document or elsewhere on
   the law of neutrality,  where  the  Security  Council,  acting  in
   accordance with its powers under Chapter VII of the Charter of the
   United Nations,  has identified one or more of the parties  to  an
   armed  conflict as responsible for resorting to force in violation
   of international law, neutral States:
       a) are  bound  not  to lend assistance other than humanitarian
   assistance to that State; and
       b) may  lend assistance to any State which has been the victim
   of a breach of the peace or an act of aggression by that State.
       8. Where,  in  the  course of an international armed conflict,
   the Security Council has taken preventive  or  enforcement  action
   involving  the  application of economic measures under Chapter VII
   of the Charter,  Member States of the United Nations may not  rely
   upon  the  law  of  neutrality  to  justify conduct which would be
   incompatible with their obligations under  the  Charter  or  under
   decisions of the Security Council.
       9. Subject to paragraph 7,  where  the  Security  Council  has
   taken a decision to use force, or to authorize the use of force by
   a particular State or States,  the rules set out in this  document
   and  any  other rules of international humanitarian law applicable
   to armed conflicts at sea shall apply to all parties to  any  such
   conflict which may ensue.
   
                               Section IV
   
                         AREAS OF NAVAL WARFARE
   
       10. Subject  to  other  applicable  rules  of the law of armed
   conflict at sea contained in this document or  elsewhere,  hostile
   actions by naval forces may be conducted in, on or over:
       a) the  territorial  sea  and  internal   waters,   the   land
   territories,  the  exclusive  economic  zone and continental shelf
   and,  where applicable,  the archipelagic waters,  of  belligerent
   States;
       b) the high seas; and
       c) subject  to  paragraphs  34 and 35,  the exclusive economic
   zone and the continental shelf of neutral States.
       11. The  parties  to the conflict are encouraged to agree that
   no hostile actions will be conducted in marine areas containing:
       a) rare or fragile ecosystems; or
       b) the habitat of depleted,  threatened or endangered  species
   or other forms of marine life.
       12. In carrying out operations in areas where  neutral  States
   enjoy  sovereign  rights,  jurisdiction,  or  other  rights  under
   general international law,  belligerents shall have due regard for
   the legitimate rights and duties of those neutral States.
   
                               Section V
   
                              DEFINITIONS
   
       13. For the purposes of this document:
       a) international humanitarian law means  international  rules,
   established  by  treaties  or  custom,  which  limit  the right of
   parties to a conflict to use the methods or means  of  warfare  of
   their choice, or which protect States not party to the conflict or
   persons and objects that are, or may be, affected by the conflict;
       b) attack  means an act of violence,  whether in offence or in
   defence;
       c) collateral  casualties  or collateral damage means the loss
   of life of,  or injury to,  civilians or other protected  persons,
   and  damage  to  or  the destruction of the natural environment or
   objects that are not in themselves military objectives;
       d) neutral means any State not party to the conflict;
       e) hospital ships,  coastal rescue  craft  and  other  medical
   transports  means  vessels  that  are  protected  under the Second
   Geneva Convention of 1949 and Additional Protocol I of 1977;
       f) medical  aircraft means an aircraft that is protected under
   the Geneva Conventions of 1949 and Additional Protocol I of 1977;
       g) warship  means  a  ship  belonging to the armed forces of a
   State bearing the external marks distinguishing the character  and
   nationality  of such a ship,  under the command of an officer duly
   commissioned by the  government  of  that  State  and  whose  name
   appears  in  the  appropriate service list or its equivalent,  and
   manned by a crew which is under regular armed forces discipline;
       h) auxiliary vessel means a vessel, other than a warship, that
   is owned by or under the exclusive control of the armed forces  of
   a  State  and used for the time being on government non-commercial
   service;
       i) merchant  vessel means a vessel,  other than a warship,  an
   auxiliary vessel,  or a State vessel such as a customs  or  police
   vessel, that is engaged in commercial or private service;
       j) military   aircraft   means   an   aircraft   operated   by
   commissioned  units  of  the  armed  forces  of a State having the
   military marks of that State,  commanded by a member of the  armed
   forces  and  manned  by  a  crew  subject  to regular armed forces
   discipline;
       k) auxiliary aircraft means an aircraft, other than a military
   aircraft,  that is owned by or under the exclusive control of  the
   armed  forces of a State and used for the time being on government
   non-commercial service;
       l) civil  aircraft  means  an  aircraft other than a military,
   auxiliary, or State aircraft such as a customs or police aircraft,
   that is engaged in commercial or private service;
       m) civil airliner means  a  civil  aircraft  that  is  clearly
   marked and engaged in carrying civilian passengers in scheduled or
   non-scheduled services along Air Traffic Service routes.
   
                     PART II. REGIONS OF OPERATIONS
   
                               Section I
   
       INTERNAL WATERS, TERRITORIAL SEA AND ARCHIPELAGIC WATERS
   
       14. Neutral waters consist of the internal waters, territorial
   sea,  and,  where applicable,  the archipelagic waters, of neutral
   States.  Neutral  airspace  consists  of the airspace over neutral
   waters and the land territory of neutral States.
       15. Within  and over neutral waters,  including neutral waters
   comprising an international strait and waters in which  the  right
   of  archipelagic  sea  lanes  passage  may  be exercised,  hostile
   actions by belligerent forces are forbidden.  A neutral State must
   take such measures as are consistent with Section II of this Part,
   including the exercise  of  surveillance,  as  the  means  at  its
   disposal  allow,  to  prevent  the  violation of its neutrality by
   belligerent forces.
       16. Hostile   actions  within  the  meaning  of  paragraph  15
   include, inter alia:
       a) attack  on or capture of persons or objects located in,  on
   or over neutral waters or territory;
       b) use as a base of operations, including attack on or capture
   of persons or objects  located  outside  neutral  waters,  if  the
   attack  or  seizure is conducted by belligerent forces located in,
   on or over neutral waters;
       c) laying of mines; or
       d) visit, search, diversion or capture.
       17. Belligerent  forces  may  not  use  neutral  waters  as  a
   sanctuary.
       18. Belligerent  military and auxiliary aircraft may not enter
   neutral airspace.  Should they do so,  the neutral State shall use
   the  means  at its disposal to require the aircraft to land within
   its territory and shall intern the aircraft and its crew  for  the
   duration of the armed conflict. Should the aircraft fail to follow
   the instructions to land,  it may  be  attacked,  subject  to  the
   special  rules  relating  to  medical  aircraft  as  specified  in
   paragraphs 181 - 183.
       19. Subject to paragraphs 29 and 33, a neutral State may, on a
   non-discriminatory basis,  condition,  restrict  or  prohibit  the
   entrance  to  or passage through its neutral waters by belligerent
   warships and auxiliary vessels.
       20. Subject to the duty of impartiality,  and to paragraphs 21
   and 23 - 33,  and under such regulations as it  may  establish,  a
   neutral State may, without jeopardizing its neutrality, permit the
   following acts within its neutral waters:
       a) passage  through its territorial sea,  and where applicable
   its archipelagic waters, by warships, auxiliary vessels and prizes
   of belligerent States;  warships, auxiliary vessels and prizes may
   employ pilots of the neutral State during passage;
       b) replenishment  by a belligerent warship or auxiliary vessel
   of its food,  water and fuel sufficient to reach a port in its own
   territory; and
       c) repairs of belligerent warships or auxiliary vessels  found
   necessary  by  the  neutral  State  to  make them seaworthy;  such
   repairs may not restore or increase their fighting strength.
       21. A  belligerent  warship or auxiliary vessel may not extend
   the duration  of  its  passage  through  neutral  waters,  or  its
   presence  in those waters for replenishment or repair,  for longer
   than 24 hours unless unavoidable  on  account  of  damage  or  the
   stress   of   weather.  The  foregoing  rule  does  not  apply  in
   international  straits  and  waters  in   which   the   right   of
   archipelagic sea lanes passage is exercised.
       22. Should a belligerent State be in violation of  the  regime
   of neutral waters,  as set out in this document, the neutral State
   is under an obligation to take the measures necessary to terminate
   the  violation.  If  the  neutral  State  fails  to  terminate the
   violation of its neutral waters by  a  belligerent,  the  opposing
   belligerent must so notify the neutral State and give that neutral
   State  a  reasonable  time  to  terminate  the  violation  by  the
   belligerent.  If  the  violation of the neutrality of the State by
   the belligerent constitutes a serious and immediate threat to  the
   security  of  the  opposing  belligerent  and the violation is not
   terminated,  then that belligerent may,  in  the  absence  of  any
   feasible  and  timely  alternative,  use such force as is strictly
   necessary to respond to the threat posed by the violation.
   
                               Section II
   
            INTERNATIONAL STRAITS AND ARCHIPELAGIC SEA LANES
   
                             General rules
   
       23. Belligerent  warships  and  auxiliary vessels and military
   and auxiliary aircraft may exercise the rights of passage through,
   under  or  over  neutral international straits and of archipelagic
   sea lanes passage provided by general international law.
       24. The  neutrality  of  a  State  bordering  an international
   strait is not jeopardized by the transit  passage  of  belligerent
   warships,  auxiliary  vessels,  or military or auxiliary aircraft,
   nor by the innocent passage of belligerent warships  or  auxiliary
   vessels through that strait.
       25. The neutrality of an archipelagic State is not jeopardized
   by  the  exercise of archipelagic sea lanes passage by belligerent
   warships, auxiliary vessels, or military or auxiliary aircraft.
       26. Neutral  warships,  auxiliary  vessels,  and  military and
   auxiliary aircraft may exercise the rights of passage provided  by
   general  international  law  through,  under  and over belligerent
   international straits and archipelagic waters.  The neutral  State
   should,  as  a  precautionary  measure,  give timely notice of its
   exercise of the rights of passage to the belligerent State.
   
           Transit passage and archipelagic sea lanes passage
   
       27. The rights of transit passage and archipelagic  sea  lanes
   passage  applicable  to  international  straits  and  archipelagic
   waters in peacetime continue to apply in times of armed  conflict.
   The   laws   and  regulations  of  States  bordering  straits  and
   archipelagic States relating to transit passage  and  archipelagic
   sea lanes passage adopted in accordance with general international
   law remain applicable.
       28. Belligerent  and  neutral  surface  ships,  submarines and
   aircraft have the rights of transit passage and  archipelagic  sea
   lanes   passage   through,   under,   and  over  all  straits  and
   archipelagic waters to which these rights generally apply.
       29. Neutral  States  may  not  suspend,  hamper,  or otherwise
   impede the right of transit passage nor the right of  archipelagic
   sea lanes passage.
       30. A belligerent in transit passage through, under and over a
   neutral international strait, or in archipelagic sea lanes passage
   through,  under and over neutral archipelagic waters,  is required
   to  proceed  without  delay,  to refrain from the threat or use of
   force against the territorial integrity or political  independence
   of  the  neutral  littoral or archipelagic State,  or in any other
   manner inconsistent with the purposes of the Charter of the United
   Nations,  and  otherwise  to  refrain  from any hostile actions or
   other activities  not  incident  to  their  transit.  Belligerents
   passing through, under and over neutral straits or waters in which
   the right of archipelagic sea lanes passage applies are  permitted
   to   take  defensive  measures  consistent  with  their  security,
   including launching and recovery  of  aircraft,  screen  formation
   steaming,  and acoustic and electronic surveillance.  Belligerents
   in transit or archipelagic sea lanes  passage  may  not,  however,
   conduct  offensive  operations against enemy forces,  nor use such
   neutral  waters  as  a  place  of  sanctuary  nor  as  a  base  of
   operations.
   
                            Innocent passage
   
       31. In  addition  to the exercise of the rights of transit and
   archipelagic sea lanes passage, belligerent warships and auxiliary
   vessels may,  subject to paragraphs 19 and 21,  exercise the right
   of innocent passage  through  neutral  international  straits  and
   archipelagic waters in accordance with general international law.
       32. Neutral  vessels  may  likewise  exercise  the  right   of
   innocent  passage  through  belligerent  international straits and
   archipelagic waters.
       33. The  right of non-suspendable innocent passage ascribed to
   certain international straits by  international  law  may  not  be
   suspended in time of armed conflict.
   
                              Section III
   
             EXCLUSIVE ECONOMIC ZONE AND CONTINENTAL SHELF
   
       34. If hostile actions  are  conducted  within  the  exclusive
   economic  zone  or  on  the  continental shelf of a neutral State,
   belligerent States shall,  in  addition  to  observing  the  other
   applicable  rules  of  the law of armed conflict at sea,  have due
   regard for the rights and duties of the coastal State, inter alia,
   for  the exploration and exploitation of the economic resources of
   the exclusive economic zone and  the  continental  shelf  and  the
   protection and preservation of the marine environment. They shall,
   in  particular,  have   due   regard   for   artificial   islands,
   installations,  structures and safety zones established by neutral
   States in the exclusive  economic  zone  and  on  the  continental
   shelf.
       35. If a belligerent considers it necessary to  lay  mines  in
   the  exclusive economic zone or the continental shelf of a neutral
   State,  the belligerent shall notify that State, and shall ensure,
   inter  alia,  that the size of the minefield and the type of mines
   used  do  not  endanger  artificial  islands,  installations   and
   structures,  nor interfere with access thereto, and shall avoid so
   far  as  practicable  interference   with   the   exploration   or
   exploitation  of  the zone by the neutral State.  Due regard shall
   also be given to the protection and  preservation  of  the  marine
   environment.
   
                               Section IV
   
           HIGH SEAS AND SEA-BED BEYOND NATIONAL JURISDICTION
   
       36. Hostile actions on the high seas shall be  conducted  with
   due  regard  for  the  exercise  by  neutral  States  of rights of
   exploration and exploitation  of  the  natural  resources  of  the
   sea-bed, and ocean floor, and the subsoil thereof, beyond national
   jurisdiction.
       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 DISCRIMINATION
   
                               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  vessels  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:
           i) 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
   
       46. 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 gather 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 VESSELS AND AIRCRAFT EXEMPT FROM ATTACK
   
                 Classes of vessels exempt from attack
   
       47. The following classes of enemy  vessels  are  exempt  from
   attack:
       a) hospital ships;
       b) small  craft  used  for coastal rescue operations and other
   medical transports;
       c) vessels  granted  safe  conduct  by  agreement  between the
   belligerent parties including:
           i) cartel   vessels,  e.g.,  vessels  designated  for  and
       engaged in the transport of prisoners of war;
           ii) vessels  engaged  in humanitarian missions,  including
       vessels carrying supplies indispensable to the survival of the
       civilian population, and vessels engaged in relief actions and
       rescue operations;
       d) vessels  engaged  in  transporting  cultural property under
   special protection;
       e) passenger  vessels  when  engaged only in carrying civilian
   passengers;
       f) vessels  charged with religious,  non-military scientifc or
   philanthropic missions,  vessels  collecting  scientific  data  of
   likely military applications are not protected;
       g) small coastal fishing vessels and small  boats  engaged  in
   local coastal trade,  but they are subject to the regulations of a
   belligerent  naval  commander  operating  in  the  area   and   to
   inspection;
       h) vessels designated or adapted exclusively for responding to
   pollution incidents in the marine environment;
       i) vessels which have surrendered;
       j) life rafts and life boats.
   
                        Conditions of exemption
   
       48. Vessels 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.
   
                           Loss of exemption
   
                             Hospital ships
   
       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.
       51. 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 vessels exempt from attack
   
       52. If  any  other class of vessel exempt from attack breaches
   any of the conditions of its exemption in paragraph 48,  it may be

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