Module 1 – Naval Knowledge Section 1 – Rules of War on Land and Sea Chapter 3 – The Law of War at Sea Unit 4 - International Law and the Sea

What You Will Learn to Do Demonstrate an understanding of international law as it applies to countries using the sea

Objectives 1.Describe the international law as it relates to warships 2.Explain the general rules of war on land and at sea

Key Terms CPS Key Term Questions 1 - 5

Key Terms Jurisdiction - Right to approach - Warships of any nation have the right to approach any ship on the high seas suspected of piracy. This right can be exercised in either peace or war The right, power or authority to administer justice by hearing and determining controversies

Key Terms Rules of warfare - A body of customs, practices, usages, conventions, protocols, treaties, laws, and other norms that govern the commencement, conduct, and termination of hostilities between belligerent states or parties

Key Terms Principles of humanity - Humanity is the basis for all prohibitions imposed by international law on belligerents for the purpose of limiting excessive violence Chivalry -The sum of the ideal qualifications of a knight, including courtesy, generosity, valor, and dexterity in arms

Opening Question (Use CPS “Pick a Student“ for this question.) Discuss what is meant by international law on the high seas.

Warm Up Questions CPS Lesson Questions 1 - 2

Introduction The high seas in time of peace are free for the lawful use of the ships and people of all countries. Fishing BoatOil Tanker

Introduction Rights and privileges Traffic rules Admiralty law Laws of conduct in peace and war A large portion of international law is concerned with a ship’s:

Warships and the Law Two requirements must be met for a ship to be termed a WARSHIP: 1.The vessel must be commissioned as a part of the naval forces of a state and authorized to display an appropriate flag or pennant that identifies her as such 2.The vessel must be commanded by a member of the military forces of the state and must be manned by a crew subject to military discipline

Warships and the Law Warships represent the sovereignty and independence of their state. Any interference with a warship by a foreign state is an act of war. The jurisdiction of their state over them is exclusive under all circumstances.

Warships and the Law Responsibility accompanies privilege. Warships on the high seas are not free from restriction.

Warships and the Law

With privileges come duties. By tradition and regulation, conduct of a warship should bring credit to the nation it represents.

Warships and the Law Commanding officers of U.S. Navy ships must comply with the Geneva Convention of the high seas and U.S. Navy Regulations. Render assistance to any person found at sea in danger of being lost.

Warships and the Law Proceed with all possible speed to the rescue of persons in distress. Render assistance after a collision.

Check On Learning Questions CPS Lesson Questions 3 - 4

Warships and the Law Warships of all nations have a duty to suppress piracy on the high seas. Warships have the “right to approach.”

Warships and the Law Warships request the name and nationality of all merchant ships met at sea. Any country has the right to forbid foreign warships to enter its ports. Vladivostok, Russia

Warships and the Law When at peace, nations grant warships port calls. Ship visits, in the absence of formal agreements, are arranged through diplomatic channels. Tarragona, Spain Marmara, Turkey

Warships and the Law While in a foreign port, a warship is not subject to any interference whatsoever by local authorities. Police or port authorities are never entitled to board a warship without first obtaining the permission of the Commanding Officer. Otaru, Japan

Warships and the Law In accepting the port’s hospitality, the warship agrees to comply with: Harbor speed and traffic control Sewage disposal Health and quarantine restrictions Singapore

Warships and the Law Officers and crew are immune from local jurisdiction while on board their ship in a foreign port. When officers go ashore unofficially for leave or liberty in a foreign port, local law and jurisdiction will apply.

Warships and the Law “Status of Forces Agreement” specifies how to handle any problems when visiting allied nations. Personnel on liberty in a foreign port should be briefed on what to do if they get into trouble. Sydney Australia Great Wall of China

Warships and the Law A merchant ship visiting a foreign port is subject to the jurisdiction of the nation being visited. A merchant ship is not an extension of the “territory” of the nation of registry, as is a warship.

Warships and the Law The doctrine of asylum (zone of absolute safety) applies to warships but not to merchant ships. Asylum is protection and sanctuary granted by a sovereign state to a foreign national who seeks such protection because of persecution based on race, religion, nationality, or political affiliation.

Check On Learning Questions CPS Lesson Questions 5 - 6

General Rules of War on Land and Sea Rules of War for U.S. Commanders Navy Regulations states, “In the event of war between nations with which the United States is at peace, a commander shall observe, and require his command to observe, the principles of international law.”

General Rules of War on Land and Sea War is a legal condition of armed hostility between states. Bombing of Pearl Harbor 7 December 1941 Violence of war existed from 7 December 1941 until Congress legally declared war the next day.

General Rules of War on Land and Sea Signing of Surrender Document 2 September 1945 The Treaty of Peace with Japan was not in force until 1952, even though all fighting had ceased on 15 August 1945 and the Surrender Document was signed on 2 September 1945.

General Rules of War on Land and Sea Legal state of war, not the violence of conflict affects: War clauses in insurance policies Provisions in the Uniform Code of Military Justice Presidential powers

General Rules of War on Land and Sea The 1907 Hague Peace Conventions classify the laws of war. War should be avoided if at all possible When unavoidable, war is an acceptable means of settling disputes

General Rules of War on Land and Sea If laws concerning certain aspects of war are absent, then the laws of humanity and conscience prevail. War should be avoided if at all possible When unavoidable, war is an acceptable means of settling disputes

General Rules of War on Land and Sea Before World War II, the rules of war applied only if all parties in a conflict had ratified the conventions. Since World War II, the rules have been considered binding on all nations.

General Rules of War on Land and Sea The rules of war for both land and sea fall into two groups. 1.The conduct of war, including prohibitions on use of certain weapons 2.Protection of those not actively involved in conduct of war

General Rules of War on Land and Sea The three basic principles of civilized warfare are: 1.Humanity 2.Chivalry 3.Military necessity

General Rules of War on Land and Sea Humanity is the most important. Chivalry involves bravery, honor, courtesy, protection of the weak, generosity, and fairness to enemies.

General Rules of War on Land and Sea Military necessity means using only the degree of force needed to win.

Review Question (Use CPS “Pick a Student“ for this question.) Discuss the general rules of war on land and at sea.

Closing Questions CPS Lesson Questions 7 - 8

Questions?