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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 7
 
   for  suspicion that the merchant vessel flying a neutral flag or a
   civil aircraft with neutral marks has enemy character,  the vessel
   or aircraft may be captured as prize subject to adjudication.
       117. Enemy  character  can  be  determined  by   registration,
   ownership, charter or other criteria.
   
                               Section II
   
                  VISIT AND SEARCH OF MERCHANT VESSELS
   
                              Basic rules
   
       118. In  exercising  their  legal  rights  in an international
   armed conflict at sea,  belligerent warships and military aircraft
   have  a right to visit and search merchant vessels outside neutral
   waters where there are reasonable grounds for suspecting that they
   are subject to capture.
       119. As an alternative to visit and search, a neutral merchant
   vessel  may,  with  its  consent,  be  diverted  from its declared
   destination.
   
             Merchant vessels under convoy of accompanying
                            neutral warships
   
       120. A  neutral merchant vessel is exempt from the exercise of
   the  right  of  visit  and  search  if  it  meets  the   following
   conditions:
       a) it is bound for a neutral port;
       b) it  is  under the convoy of an accompanying neutral warship
   of the same nationality or a neutral warship of a State with which
   the  flag  State of the merchant vessel has concluded an agreement
   providing for such convoy;
       c) the  flag  State  of  the neutral warship warrants that the
   neutral merchant vessel is not carrying  contraband  or  otherwise
   engaged in activities inconsistent with its neutral status; and
       d) the commander of the neutral warship provides, if requested
   by  the  commander  of  an  intercepting  belligerent  warship  or
   military aircraft,  all information as to  the  character  of  the
   merchant  vessel  and  its cargo as could otherwise be obtained by
   visit and search.
   
             Diversion for the purpose of visit and search
   
       121. If visit and search at sea is  impossible  or  unsafe,  a
   belligerent  warship  or  military  aircraft may divert a merchant
   vessel to an appropriate area or port in  order  to  exercise  the
   right of visit and search.
   
                        Measures of supervision
   
       122. In  order  to  avoid  the  necessity of visit and search,
   belligerent States  may  establish  reasonable  measures  for  the
   inspection  of cargo of neutral merchant vessels and certification
   that a vessel is not carrying contraband.
       123. The  fact that a neutral merchant vessel has submitted to
   such measures of supervision as the inspection of  its  cargo  and
   grant  of  certificates of non-contraband cargo by one belligerent
   is not an act of unneutral service  with  regard  to  an  opposing
   belligerent.
       124. In order to obviate the necessity for visit  and  search,
   neutral  States  are  encouraged  to  enforce  reasonable  control
   measures  and  certification  procedures  to  ensure  that   their
   merchant vessels are not carrying contraband.
   
                              Section III
   
            INTERCEPTION, VISIT AND SEARCH OF CIVIL AIRCRAFT
   
                              Basic rules
   
       125. In exercising their  legal  rights  in  an  international
   armed conflict at sea,  belligerent military aircraft have a right
   to intercept civil aircraft outside neutral airspace  where  there
   are reasonable grounds for suspecting they are subject to capture.
   If,  after interception,  reasonable grounds for suspecting that a
   civil  aircraft  is  subject  to capture still exist,  belligerent
   military aircraft have the right to order the  civil  aircraft  to
   proceed  for  visit  and  search to a belligerent airfield that is
   safe for the type of aircraft involved and reasonably accessible.
       If there   is   no  belligerent  airfield  that  is  safe  and
   reasonably accessible for visit and search,  a civil aircraft  may
   be diverted from its declared destination.
       126. As an alternative to visit and search:
       a) an  enemy  civil aircraft may be diverted from its declared
   destination;
       b) a  neutral civil aircraft may be diverted from its declared
   destination with its consent.
   
          Civil aircraft under the operational control of an
           accompanying neutral military aircraft or warship
   
       127. A  neutral  civil aircraft is exempt from the exercise of
   the  right  of  visit  and  search  if  it  meets  the   following
   conditions:
       a) it is bound for a neutral airfield;
       b) it is under the operational control of an accompanying:
           i) neutral  military  aircraft  or  warship  of  the  same
       nationality; or
           ii) neutral military aircraft or warship of a  State  with
       which the  flag  State  of the civil aircraft has concluded an
       agreement providing for such control;
       c) the  flag State of the neutral military aircraft or warship
   warrants  that  the  neutral  civil  aircraft  is   not   carrying
   contraband  or  otherwise  engaged in activities inconsistent with
   its neutral status; and
       d) the  commander  of the neutral military aircraft or warship
   provides,  if  requested  by  the  commander  of  an  intercepting
   belligerent military aircraft, all information as to the character
   of the civil aircraft and its cargo as could otherwise be obtained
   by visit and search.
   
                Measures of interception and supervision
   
       128. Belligerent  States  should promulgate and adhere to safe
   procedures for  intercepting  civil  aircraft  as  issued  by  the
   competent international organization.
       129. 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.
       130. Belligerents  and  neutrals  concerned,  and  authorities
   providing   air  traffic  services,  should  establish  procedures
   whereby  commanders  of  warships  and   military   aircraft   are
   continuously  aware  of  designated  routes assigned to and 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.
       131. In  the  immediate  vicinity  of naval operations,  civil
   aircraft  shall  comply  with  instructions  from  the  combatants
   regarding their heading and altitude.
       132. In order to avoid the  necessity  of  visit  and  search,
   belligerent  States  may  establish  reasonable  measures  for the
   inspection  of  the  cargo   of   neutral   civil   aircraft   and
   certification that an aircraft is not carrying contraband.
       133. The fact that a neutral civil aircraft has  submitted  to
   such  measures  of  supervision as the inspection of its cargo and
   grant of certificates of non-contraband cargo by  one  belligerent
   is  not  an  act  of  unneutral service with regard to an opposing
   belligerent.
       134. In  order  to obviate the necessity for visit and search,
   neutral  States  are  encouraged  to  enforce  reasonable  control
   measures  and  certification procedures to ensure that their civil
   aircraft are not carrying contraband.
   
                               Section IV
   
                   CAPTURE OF ENEMY VESSELS AND GOODS
   
       135. Subject  to  the  provisions  of  paragraph  136,   enemy
   vessels,  whether  merchant or otherwise,  and goods on board such
   vessels may be captured outside neutral waters.  Prior exercise of
   visit and search is not required.
       136. The following vessels are exempt from capture:
       a) hospital  ships  and  small  craft  used for coastal rescue
   operations;
       b) other  medical  transports,  so long as they are needed for
   the wounded, sick and shipwrecked on board;
       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; and
           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) vessels charged with religious,  non-military scientific or
   philanthropic missions;  vessels  collecting  scientific  data  of
   likely military applications are not protected;
       f) 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
   inspectiorr, and
       g) vessels designed or adapted exclusively for  responding  to
   pollution  incidents  in  the  marine  environment  when  actually
   engaged in such activities.
       137. Vessels  listed  in paragraph 136 are exempt from capture
   only if they:
       a) are innocently employed in their normal role;
       b) do not commit acts harmful to the enemy;
       c) immediately  submit  to  identification and inspection when
   required; and
       d) do  not intentionally hamper the movement of combatants and
   obey orders to stop or move out of the way when required.
       138. Capture  of a merchant vessel is exercised by taking such
   vessel  as  prize  for  adjudication.  If  military  circumstances
   preclude taking such a vessel as prize at sea,  it may be diverted
   to an appropriate area or port in order to complete capture. As an
   alternative  to capture,  an enemy merchant vessel may be diverted
   from its declared destination.
       139. Subject  to  paragraph  140,  a  captured  enemy merchant
   vessel may,  as an exceptional measure, be destroyed when military
   circumstances  preclude  taking  or  sending  such  a  vessel  for
   adjudication as an enemy prize, only if the following criteria are
   met beforehand:
       a) the safety of passengers and crew is provided for; for this
   purpose,  the  ship's  boats are not regarded as a place of safety
   unless the safety of the passengers and crew  is  assured  in  the
   prevailing  sea and weather conditions by the proximity of land or
   the presence of another vessel which is in a position to take them
   on board;
       b) documents and papers relating to the prize are safeguarded;
   and
       c) if feasible,  personal effects of the passengers  and  crew
   are saved.
       140. The destruction of enemy passenger vessels carrying  only
   civilian  passengers  is prohibited at sea.  For the safety of the
   passengers,  such vessels shall be diverted to an appropriate area
   or port in order to complete capture.
   
                               Section V
   
               CAPTURE OF ENEMY CIVIL AIRCRAFT AND GOODS
   
       141. Subject  to the provisions of paragraph 142,  enemy civil
   aircraft and goods on board such aircraft may be captured  outside
   neutral  airspace.  Prior  exercise  of  visit  and  search is not
   required.
       142. The following aircraft are exempt from capture:
       a) medical aircraft; and
       b) aircraft  granted  safe  conduct  by  agreement between the
   parties to the conflict.
       143. Aircraft  listed in paragraph 142 are exempt from capture
   only if they:
       a) are innocently employed in their normal role;
       b) do not commit acts harmful to the enemy;
       c) immediately  submit to interception and identification when
   required;
       d) do  not intentionally hamper the movement of combatants and
   obey orders to divert from their track when required; and
       e) are not in breach of a prior agreement.
       144. Capture is exercised  by  intercepting  the  enemy  civil
   aircraft, ordering it to proceed to a belligerent airfield that is
   safe for the type of aircraft involved and  reasonably  accessible
   and,  on landing, taking the aircraft as a prize for adjudication.
   As an alternative to capture,  an  enemy  civil  aircraft  may  be
   diverted from its declared destination.
       145. If capture is exercised,  the safety  of  passengers  and
   crew  and  their  personal  effects  must  be  provided  for.  The
   documents and papers relating to the prize must be safeguarded.
   
                               Section VI
   
             CAPTURE OF NEUTRAL MERCHANT VESSELS AND GOODS
   
       146. Neutral merchant vessels are subject to  capture  outside
   neutral  waters  if  they  are  engaged  in  any of the activities
   referred to in paragraph 67 or if it is determined as a result  of
   visit and search or by other means, that they:
       a) are carrying contraband;
       b) are  on  a  voyage especially undertaken with a view to the
   transport of individual passengers who are embodied in  the  armed
   forces of the enemy;
       c) are  operating  directly  under  enemy   control,   orders,
   charter, employment or direction;
       d) present irregular or fraudulent documents,  lack  necessary
   documents, or destroy, deface or conceal documents;
       e) are violating  regulations  established  by  a  belligerent
   within the immediate area of naval operations; or
       f) are breaching or attempting to breach a blockade.
       Capture of  a  neutral  merchant vessel is exercised by taking
   such vessel as prize for adjudication.
       147. Goods  on  board  neutral merchant vessels are subject to
   capture only if they are contraband.
       148. Contraband  is  defined  as  goods  which  are ultimately
   destined for territory under the control of the  enemy  and  which
   may be susceptible for use in armed conflict.
       149. In order to exercise the right of capture referred to  in
   paragraphs  146  "a" and 147,  the belligerent must have published
   contraband lists. The precise nature of a belligerent's contraband
   list  may  vary  according  to the particular circumstances of the
   armed conflict. Contraband lists shall be reasonably specific.
       150. Goods  not on the belligerent's contraband list are 'free
   goods',  that is,  not subject to capture.  As  a  minimum,  'free
   goods' shall include the following:
       a) religious objects;
       b) articles  intended  exclusively  for  the  treatment of the
   wounded and sick and for the prevention of disease;
       c) clothing,  bedding,  essential  foodstuffs,  and  means  of
   shelter for the civilian population  in  general,  and  women  and
   children  in  particular,  provided there is not serious reason to
   believe that such goods will be diverted to other purpose, or that
   a  definite  military advantage would accrue to the enemy by their
   substitution for enemy goods that would thereby  become  available
   for military purposes;
       d) items destined for prisoners of war,  including  individual
   parcels and collective relief shipments containing food, clothing,
   educational, cultural, and recreational articles;
       e) goods  otherwise  specifically  exempted  from  capture  by
   international   treaty   or   by   special   arrangement   between
   belligerents; and
       f) other goods not susceptible for use in armed conflict.
       151. Subject  to  paragraph 152,  a neutral vessel captured in
   accordance with paragraph 146 may,  as an exceptional measure,  be
   destroyed  when  military circumstances preclude taking or sending
   such a vessel for adjudication as an  enemy  prize,  only  if  the
   following criteria are met beforehand:
       a) the safety of passengers and crew is provided for; for this
   purpose  the  ship's  boats  are not regarded as a place of safety
   unless the safety of the passengers and crew  is  assured  in  the
   prevailing  sea and weather conditions,  by the proximity of land,
   or the presence of another vessel which is in a position  to  take
   them on board;
       b) documents and papers relating to the  captured  vessel  are
   safeguarded; and
       c) if feasible,  personal effects of the passengers  and  crew
   are saved.
       Every effort should be made to avoid destruction of a captured
   neutral vessel.  Therefore,  such destruction shall not be ordered
   without there being entire satisfaction that the  captured  vessel
   can  neither  be sent into a belligerent port,  nor diverted,  nor
   properly released.  A vessel  may  not  be  destroyed  under  this
   paragraph for carrying contraband unless the contraband,  reckoned
   either by value,  weight,  volume or freight, forms more than half
   the cargo. Destruction shall be subject to adjudication.
       152. The destruction of  captured  neutral  passenger  vessels
   carrying civilian passengers is prohibited at sea.  For the safety
   of  the  passengers,  such  vessels  shall  be  diverted   to   an
   appropriate  port  in  order  to  complete capture provided for in
   paragraph 146.
   
                              Section VII
   
              CAPTURE OF NEUTRAL CIVIL AIRCRAFT AND GOODS
   
       153. Neutral civil aircraft are  subject  to  capture  outside
   neutral  airspace  if they are engaged in any of the activities in
   paragraph 70 or if it is determined  as  a  result  of  visit  and
   search or by any other means, that they:
       a) are carrying contraband;
       b) are  on  a  flight especially undertaken with a view to the
   transport of individual passengers who are embodied in  the  armed
   forces of the enemy;
       c) are  operating  directly  under  enemy   control,   orders,
   charter, employment or direction;
       d) present irregular or fraudulent documents,  lack  necessary
   documents, or destroy, deface or conceal documents;
       e) are violating  regulations  established  by  a  belligerent
   within the immediate area of naval operations; or
       f) are engaged in a breach of blockade.
       154. Goods  on  board  neutral  civil  aircraft are subject to
   capture only if they are contraband.
       155. The   rules   regarding   contraband   as  prescribed  in
   paragraphs 148 - 150 shall also apply to goods  on  board  neutral
   civil aircraft.
       156. Capture is exercised by intercepting  the  neutral  civil
   aircraft, ordering it to proceed to a belligerent airfield that is
   safe for the type of aircraft involved and  reasonably  accessible
   and, on landing and after visit and search, taking it as prize for
   adjudication. If there is no belligerent airfield that is safe and
   reasonably  accessible,  a  neutral civil aircraft may be diverted
   from its declared destination.
       157. As  an  alternative to capture,  a neutral civil aircraft
   may, with its consent, be diverted from its declared destination.
       158. If  capture  is  exercised,  the safety of passengers and
   crew  and  their  personal  effects  must  be  provided  for.  The
   documents and papers relating to the prize must be safeguarded.
   
             PART VI. PROTECTED PERSONS, MEDICAL TRANSPORTS
                          AND MEDICAL AIRCRAFT
   
                             General rules
   
       159. Except as provided for in paragraph 171,  the  provisions
   of  this Part are not to be construed as in any way departing from
   the provisions  of  the  Second  Geneva  Convention  of  1949  and
   Additional Protocol I of 1977 which contain detailed rules for the
   treatment of the wounded,  sick and shipwrecked  and  for  medical
   transports.
       160. The parties to the conflict may agree,  for  humanitarian
   purposes,  to  create a zone in a defined area of the sea in which
   only activities consistent with those  humanitarian  purposes  are
   permitted.
   
                               Section I
   
                           PROTECTED PERSONS
   
       161. Persons  on board vessels and aircraft having fallen into
   the power of a belligerent or neutral  shall  be  re  spected  and
   protected.  While  at  sea  and  thereafter until determination of
   their status,  they shall be subject to the  jurisdiction  of  the
   State exercising power over them.
       162. Members of  the  crews  of  hospital  ships  may  not  be
   captured during the time they are in the service of these vessels.
   Members of the crews of rescue craft may  not  be  captured  while
   engaging in rescue operations.
       163. Persons on board other vessels or  aircraft  exempt  from
   capture listed in paragraphs 136 and 142 may not be captured.
       164. Religious and medical personnel assigned to the spiritual
   and medical care of the wounded, sick and shipwrecked shall not be
   considered prisoners of war.  They may,  however,  be retained  as
   long  as  their  services  for  the  medical or spiritual needs of
   prisoners of war are needed.
       165. Nationals  of an enemy State,  other than those specified
   in paragraphs 162 - 164,  are entitled to  prisoner-of-war  status
   and may be made prisoners of war if they are:
       a) members of the enemy's armed forces;
       b) persons accompanying the enemy's armed forces;
       c) crew members of auxiliary vessels or auxiliary aircraft;
       d) crew  members  of  enemy merchant vessels or civil aircraft
   not exempt from capture,  unless they benefit from more favourable
   treatment under other provisions of international law; or
       e) crew members of neutral merchant vessels or civil  aircraft
   that  have  taken  a direct part in the hostilities on the side of
   the enemy, or served as an auxiliary for the enemy.
       166. Nationals of a neutral State:
       a) who are passengers on board enemy  or  neutral  vessels  or
   aireraft  are  to be released and may not be made prisoners of war
   unless they are members  of  the  enemy's  armed  forces  or  have
   personally committed acts of hostility against the captor;
       b) who are members of the crew of enemy warships or  auxiliary
   vessels or military aircraft or auxiliary aircraft are entitled to
   prisoner-of-war status and may be made prisoners of war;
       c) who  are  members  of the crew of enemy or neutral merchant
   vessels or civil aircraft are to be released and may not  be  made
   prisoners  of  war  unless the vessel or aircraft has committed an
   act covered by paragraphs 60,  63,  67 or 70, or the member of the
   crew  has  personally  committed  an  act of hostility against the
   captor.
       167. Civilian persons other than those specified in paragraphs
   162 - 166 are to be treated in accordance with the  Fourth  Geneva
   Convention of 1949.
       168. Persons having fallen into the power of a  neutral  State
   are  to be treated in accordance with Hague Conventions V and XIII
   of 1907 and the Second Geneva Convention of 1949.
   
                               Section II
   
                           MEDICAL TRANSPORTS
   
       169. In order to provide maximum protection for hospital ships
   from  the  moment  of  the  outbreak  of  hostilities,  States may
   beforehand make general notification  of  the  characteristics  of
   their  hospital  ships  as  specified  in Article 22 of the Second
   Geneva Convention of 1949.  Such notification should  include  all
   available  information  on  the  means  whereby  the  ship  may be
   identified.
       170. Hospital  ships  may  be  equipped with purely deflective
   means of defence,  such as chaff and flares.  The presence of such
   equipment should be notified.
       171. In order to fulfil most  effectively  their  humanitarian
   mission,  hospital  ships should be permitted to use cryptographic
   equipment. The equipment shall not be used in any circumstances to

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