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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 6
 
   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 vessel 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.
   
                 Classes of aircraft exempt from attack
   
       53. The  following  classes  of enemy aircraft are exempt from
   attack:
       a) medical aircraft;
       b) aircraft granted safe  conduct  by  agreement  between  the
   parties to the conflicts; and
       c) civil airliners.
   
              Conditions of exemption for medical aircraft
   
       54. Medical 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
       d) fly outside the area of armed conflict.
       In other  instances,  medical  aircraft  operate  at their own
   risk.
   
       Conditions of exemption for aircraft granted safe conduct
   
       55. 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
   
       56. 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.
   
                           Loss of exemption
   
       57. 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 vessel 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 VESSELS AND AIRCRAFT
   
                         Enemy merchant vessels
   
       59. Enemy merchant vessels may only be attacked if  they  meet
   the definition of a military objective in paragraph 40.
       60. The following activities may render enemy merchant vessels
   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  vessels  or
   attacking other merchant vessels;
       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
   communications 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 vessels is subject to the basic rules
   set out in paragraphs 38 - 46.
   
                          Enemy civil aircraft
   
       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    warning,    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,  divert 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.
       64. Any 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
   vessels and aircraft are military objectives within the meaning of
   paragraph 40.
       66. They may be  attacked,  subject  to  the  basic  rules  in
   paragraphs 38 - 46.
   
                               Section V
   
              NEUTRAL MERCHANT VESSELS AND CIVIL AIRCRAFT
   
                        Neutral merchant vessels
   
       67. Merchant vessels 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 enemys armed forces;
       d) are  incorporated  into  or assist the enemys  intelligence
   system;
       e) sail  under  convoy of enemy warships or military aircraft;
   or
       f) otherwise  make  an  effective  contribution  to the enemys
   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 vessels is subject to the basic rules
   in paragraphs 38 - 46.
       69. The  mere  fact  that  a  neutral merchant vessel is armed
   provides no grounds for attacking it.
   
                         Neutral civil aircraft
   
       70. 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 divert 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  divert  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.
       71. Any 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 Air Traffic Service, complete with information as to
   registration,    destination,    passengers,    cargo,   emergency
   communication 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
   Air  Traffic  Service  route  or  flight  plan without Air Traffic
   Control 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 Air Traffic Control
   facility.
   
              PART IV. METHODS AND MEANS OF WARFARE AT SEA
   
                               Section I
   
                            MEANS OF WARFARE
   
                     Missiles and other projectiles
   
       78. 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.
   
                               Torpedoes
   
       79. It  is  prohibited  to  use torpedoes which do not sink or
   otherwise become harmless when they have completed their run.
   
                                 Mines
   
       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
   vessels 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 shipping 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 shipping 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 active 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.
       92. 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
   
                                Blockade
   
       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
   vessels 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 vessels believed  on  reasonable  grounds  to  be
   breaching  a  blockade  may  be captured.  Merchant vessels 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 vessels 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  establishment  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.
       103. 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  Power  or  a
   humanitarian organization which offers guarantees of impartiality,
   such as the International Committee of the Red Cross.
       104. The  blockading  belligerent  shall  allow the passage of
   medical 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.
   
                                 Zones
   
       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 vessels
   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  vessels  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
   vessels,  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  coastal  rescue  craft  or medical
   transports;
       b) vessels on humanitarian missions;
       c) passenger vessels carrying civilian passengers;
       d) vessels protected by the United Nations flag;
       e) vessels guaranteed safe conduct by prior agreement  between
   the parties, including cartel vessels;
       f) vessels entitled to be identified by the emblem of the  red
   cross or red crescent; or
       g) vessels 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 OF VESSELS AND AIRCRAFT
   
       112. The  fact that a merchant vessel 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 vessel 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.
       114. If  the  commander  of a warship suspects that a merchant
   vessel flying a neutral flag in  fact  has  enemy  character,  the
   commander  is  entitled to exercise the right of visit and search,
   including the right of diversion for search under paragraph 121.
       115. If  the  commander of a military aircraft suspects that a
   civil aircraft with neutral marks in fact has enemy character, the
   commander  is  entitled to exercise the right of interception and,
   if circumstances require,  the right to divert for the purpose  of
   visit and search.
       116. If,  after visit and search,  there is reasonable  ground
   for  suspicion that the merchant vessel flying a neutral flag or a

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