The San Remo Manual on International Law Applicable to Armed Conflicts at Sea was adopted in June 1994 by the International Institute of Humanitarian Law after a series of round table discussions held between 1988 and 1994 by diplomats and naval and legal experts. It is "the only comprehensive international instrument that has been drafted on the law of naval warfare since 1913."[1][2]
The manual is a legally recognized document[3] but is not binding on states. The Manual is a codification of customary international law, an integration of existing legal standards for naval conflict with the Geneva Conventions of 1949 and Protocol I of 1977.[4] The Manual is broken into six parts that each discuss a different section of the law, these being:
General provisions, which deals with the scope of the law, various international naval events and the law, and definitions.
Basic Rules and target discrimination, which places limits on who and what can be targeted, warnings, exemptions offered to civilians and neutral states, and so on.
Measures short of attack: interception, visit, search, diversion and capture, which discusses the requirements to board and seize enemy and neutral ships, as well as cargo (also sometimes known as prize law).
Protected persons, medical transports, and medical aircraft, which discusses protections offered for craft and people of this nature.
Applicationedit
2010 Gaza flotilla raidedit
The San Remo Manual was cited by the Israeli government to justify its boarding and seizure of ships trying to break the Gaza blockade (see Legal assessments of the Gaza flotilla raid),[5] as well as by the United Nations Human Rights Council's international fact-finding mission to support their finding that the seizure was illegal.[6] In 2011 the UN-Secretary-General's Panel of Inquiry came to the conclusion that the Gaza blockade had been "imposed as a legitimate security measure", and that the flotilla should not have acted in a way that escalated the potential for conflict.
Paragraph 67 of the Manual states that belligerents may attack merchant vessels flying the flag of neutral states outside of neutral waters if they "are believed on reasonable grounds to be carrying contraband or breaching a blockade, and if after prior warning they intentionally and clearly refuse to stop, or intentionally and clearly resist visit, search or capture". Paragraph 146 states that it is permitted to capture neutral merchant vessels outside neutral waters if they are engaged in any of the activities referred to in paragraph 67. Further, while article 102 of the San Remo Manual states that a blockade is prohibited if it has the sole purpose of starving the civilian population or denying it other objects essential for its survival, the Inquiry panel found that there was a legitimate military objective (to prevent the influx of weapons).[7]
However, the report also noted that Israel's use of force against the passengers was excessive, and recommended that Israel immediately report its use of force to the United Nations Security Council so it could find a permanent solution, as is required of Israel by the United Nations Charter.[8]
^"Manual of the Laws of Naval War, Oxford, Adopted by the International Institute of International Law". University of Minnesota Human Rights Library. 9 August 1913. Retrieved 22 October 2022.
^"Q&A: Is Israel's naval blockade of Gaza legal?". Reuters. 2 June 2010.
^"Report of the international fact-finding mission to investigate violations of international law, including international humanitarian and human rights law, resulting from the Israeli attacks on the flotilla of ships carrying humanitarian assistance" (PDF). A/HRC/15/21. United Nations. 27 September 2010. Retrieved 1 October 2010.
^"San Remo Manual on International Law Applicable to Armed Conflicts at Sea". International Committee of the Red Cross. 31 December 1995. Retrieved 31 May 2010.
^"Final report of Secretary-General's Panel of Inquiry" (PDF). New York Times. Retrieved 12 September 2011.
External linksedit
San Remo Manual on International Law Applicable to Armed Conflicts at Sea, 12 June 1994
January 01, 1970
remo, manual, international, applicable, armed, conflicts, adopted, june, 1994, international, institute, humanitarian, after, series, round, table, discussions, held, between, 1988, 1994, diplomats, naval, legal, experts, only, comprehensive, international, i. The San Remo Manual on International Law Applicable to Armed Conflicts at Sea was adopted in June 1994 by the International Institute of Humanitarian Law after a series of round table discussions held between 1988 and 1994 by diplomats and naval and legal experts It is the only comprehensive international instrument that has been drafted on the law of naval warfare since 1913 1 2 Contents 1 Overview 2 Application 2 1 2010 Gaza flotilla raid 3 References 4 External linksOverview editThe manual is a legally recognized document 3 but is not binding on states The Manual is a codification of customary international law an integration of existing legal standards for naval conflict with the Geneva Conventions of 1949 and Protocol I of 1977 4 The Manual is broken into six parts that each discuss a different section of the law these being General provisions which deals with the scope of the law various international naval events and the law and definitions Regions of operations which discusses the legal aspects of conflict in internal waters territorial seas archipelagic and international straits exclusive economic zones the continental shelf and the high seas Basic Rules and target discrimination which places limits on who and what can be targeted warnings exemptions offered to civilians and neutral states and so on Methods and means of warfare at sea which details the conditional use of missile torpedoes mines blockades blockade zones and ruses of war Measures short of attack interception visit search diversion and capture which discusses the requirements to board and seize enemy and neutral ships as well as cargo also sometimes known as prize law Protected persons medical transports and medical aircraft which discusses protections offered for craft and people of this nature Application edit2010 Gaza flotilla raid edit The San Remo Manual was cited by the Israeli government to justify its boarding and seizure of ships trying to break the Gaza blockade see Legal assessments of the Gaza flotilla raid 5 as well as by the United Nations Human Rights Council s international fact finding mission to support their finding that the seizure was illegal 6 In 2011 the UN Secretary General s Panel of Inquiry came to the conclusion that the Gaza blockade had been imposed as a legitimate security measure and that the flotilla should not have acted in a way that escalated the potential for conflict Paragraph 67 of the Manual states that belligerents may attack merchant vessels flying the flag of neutral states outside of neutral waters if they are believed on reasonable grounds to be carrying contraband or breaching a blockade and if after prior warning they intentionally and clearly refuse to stop or intentionally and clearly resist visit search or capture Paragraph 146 states that it is permitted to capture neutral merchant vessels outside neutral waters if they are engaged in any of the activities referred to in paragraph 67 Further while article 102 of the San Remo Manual states that a blockade is prohibited if it has the sole purpose of starving the civilian population or denying it other objects essential for its survival the Inquiry panel found that there was a legitimate military objective to prevent the influx of weapons 7 However the report also noted that Israel s use of force against the passengers was excessive and recommended that Israel immediately report its use of force to the United Nations Security Council so it could find a permanent solution as is required of Israel by the United Nations Charter 8 References edit Commentary by Louise Doswald Beck Section 4 Manual of the Laws of Naval War Oxford Adopted by the International Institute of International Law University of Minnesota Human Rights Library 9 August 1913 Retrieved 22 October 2022 Q amp A Is Israel s naval blockade of Gaza legal Reuters 2 June 2010 Commentary by Louise Doswald Beck Section 2 Israeli government defends raid Australian Broadcasting Corporation 31 May 2010 Retrieved 31 May 2010 Report of the international fact finding mission to investigate violations of international law including international humanitarian and human rights law resulting from the Israeli attacks on the flotilla of ships carrying humanitarian assistance PDF A HRC 15 21 United Nations 27 September 2010 Retrieved 1 October 2010 San Remo Manual on International Law Applicable to Armed Conflicts at Sea International Committee of the Red Cross 31 December 1995 Retrieved 31 May 2010 Final report of Secretary General s Panel of Inquiry PDF New York Times Retrieved 12 September 2011 External links editSan Remo Manual on International Law Applicable to Armed Conflicts at Sea 12 June 1994 Retrieved from https en wikipedia org w index php title San Remo Manual amp oldid 1161707950, wikipedia, wiki, book, books, library,
