international maritime law and law of armed conflict c.ppt

international law

1. 1
INTERNATIONAL
MARITIME
LAW

2. 2
UNITED NATIONS CONVENTIONUNITED NATIONS CONVENTION
ON THEON THE
LAW OF THE SEA (UNCLOS)LAW OF THE SEA (UNCLOS)

3. 3
UNCLOS IIIUNCLOS III
CONVENTION BEGAN CONVENTION BEGAN :: DEC 1972 DEC 1972
ADOPTED AS UNCLOS IIIADOPTED AS UNCLOS III :DEC 1982:DEC 1982
CAME INTO FORCE CAME INTO FORCE : NOV 1994: NOV 1994

4. 4
SESSIONS OF THE THIRD UNITED NATIONS CONFERENCE SESSIONS OF THE THIRD UNITED NATIONS CONFERENCE
ON THE LAW OF THE SEAON THE LAW OF THE SEA

11
STST
SESSIONSESSION 19731973NEW YORKNEW YORK

22
NDND
SESSIONSESSION 19741974CARACASCARACAS

33
RDRD
SESSIONSESSION 19751975GENEVAGENEVA

44
THTH
SESSIONSESSION 19761976NEW YORKNEW YORK

55
THTH
SESSIONSESSION 19761976NEW YORKNEW YORK

66
THTH
SESSIONSESSION 19771977NEW YORKNEW YORK

77
THTH
SESSIONSESSION 19781978GENEVA AND NEW YORKGENEVA AND NEW YORK

88
THTH
SESSIONSESSION 19791979GENEVA AND NEW YORKGENEVA AND NEW YORK

99
THTH
SESSIONSESSION 19801980NEW YORK AND GENEVANEW YORK AND GENEVA

1010
TH TH
SESSIONSESSION19811981NEW YORK AND GENEVANEW YORK AND GENEVA

1111
THTH
SESSION SESSION19821982NEW YORKNEW YORK

FINAL SESSIONFINAL SESSION 19821982MONTEGO BAY, JAMAICAMONTEGO BAY, JAMAICA

5. 5
UNCLOS IIIUNCLOS III
157 STATES HAVE SIGNED157 STATES HAVE SIGNED
147 STATES HAVE RATIFIED147 STATES HAVE RATIFIED
ALL OUR NEIGHBOURS EXCEPT ALL OUR NEIGHBOURS EXCEPT
BANGLADESH HAVE RATIFIEDBANGLADESH HAVE RATIFIED

6. 6
CONVENTIONS ON THE LAW OF THE SEACONVENTIONS ON THE LAW OF THE SEA

TERRITORIAL SEA AND CONTIGUOUS ZONETERRITORIAL SEA AND CONTIGUOUS ZONE

INTERNATIONAL STRAITSINTERNATIONAL STRAITS

EXCLUSIVE ECONOMIC ZONEEXCLUSIVE ECONOMIC ZONE

CONTINENTAL SHELFCONTINENTAL SHELF

HIGH SEASHIGH SEAS

MARINE ENVIRONMENT AND SCIENTIFIC MARINE ENVIRONMENT AND SCIENTIFIC
RESEARCHRESEARCH

SETTLEMENT OF DISPUTESSETTLEMENT OF DISPUTES

7. 7
DIVISION OF WATERS OF THE GLOBEDIVISION OF WATERS OF THE GLOBE
TRADITIONAL DIVISIONTRADITIONAL DIVISION

INTERNAL WATERS INTERNAL WATERS

TERRITORIAL WATERSTERRITORIAL WATERS

HIGH SEASHIGH SEAS

8. 8
NATIONAL WATERSNATIONAL WATERS
 INTERNAL WATERSINTERNAL WATERS
 ARCHIPELAGIC WATERSARCHIPELAGIC WATERS

TERRITORIAL SEATERRITORIAL SEA
INTERNATIONAL WATERSINTERNATIONAL WATERS
 CONTIGUOUS ZONECONTIGUOUS ZONE
 EEZEEZ

CONTINENTAL SHELFCONTINENTAL SHELF

HIGH SEASHIGH SEAS
MARITIME ZONESMARITIME ZONES

9. 9
TerritorialTerritorial
Waters and all otherWaters and all other
Maritime Zones areMaritime Zones are
Measured fromMeasured from
BaselinesBaselines

10. 10
BASELINEBASELINE

IT IS THE LINE FROM WHICH THE DISTANCE IT IS THE LINE FROM WHICH THE DISTANCE
OF EACH MARITIME ZONE IS TO BE OF EACH MARITIME ZONE IS TO BE
RECKONEDRECKONED

BASE LINE FOR MEASURING BREADTH OF BASE LINE FOR MEASURING BREADTH OF
TERRITORIAL SEA IS LOW WATER LINE TERRITORIAL SEA IS LOW WATER LINE
ALONG THE COAST AS MARKED ON LARGE ALONG THE COAST AS MARKED ON LARGE
SCALE CHARTSCALE CHART

11. 11
Low water level
Hydrographic
shore line
Geodetic
shore line
Limit for
drying heights
High water level
Mean sea level (MSL)
Low Water Line
Coastal Area

12. 12
I
V
E
R
R
STRAIGHT BASE LINE
STRAIGHT BASELINESTRAIGHT BASELINE

13. 13
STRAIGHT BASE LINESTRAIGHT BASE LINE

14. 14
BANGLADESH
AN EXAMPLE OF
UNSTABLE COAST LINE
STRAIGHT BASELINE MAY BE ESTABLISHEDSTRAIGHT BASELINE MAY BE ESTABLISHED
CONNECTING APPROPRIATE POINTS ON CONNECTING APPROPRIATE POINTS ON
LOW WATER LINE LOW WATER LINE
UNSTABLE COASTLINEUNSTABLE COASTLINE

15. 15
c
LOW TIDE
ELEVATION
a
b
BASELINE MAY BE DRAWN BASELINE MAY BE DRAWN
IF LIGHTHOUSE OR IF LIGHTHOUSE OR
SIMILAR INSTALLATION SIMILAR INSTALLATION
BUILT ON LOW TIDE BUILT ON LOW TIDE
ELEVATIONELEVATION

16. 16
b
c
a
BASE LINE
ONLY ‘b’ QUALIFIES AS A
BAY
BAYS AND GULFSBAYS AND GULFS
WATER AREA > SEMICIRCLE WITH DIAMETER EQUAL
TO LENGTH OF LINE ACROSS THE MOUTH

17. 17
36 NM
2
4
N
M
B
A
S
E
L
IN
E
BASE LINE WHERE BAYBASE LINE WHERE BAY
NARROWS TO 24 NMNARROWS TO 24 NM
BAYS AND GULFSBAYS AND GULFS

18. 18
23 nm BASE LINE

3 nm
6 nm
14 nm
BAY WITH ISLANDS

19. 19
Historic
Bay
Kul Is.
Samui Is.
T H A I L A N D
M A L A Y S I A
HISTORIC BAYSHISTORIC BAYS
24 NM RULE 24 NM RULE
DOES NOT DOES NOT
APPLYAPPLY

20. 20
RIVER MOUTH
BASE LINE
RIVER MOUTHSRIVER MOUTHS

21. 21
REEFS
LOW WATER LINE OF REEFS MAY BE
USED AS BASELINE FOR ISLANDS
SITUATED ON ATOLLS OR HAVING
FRINGING REEFS

22. 22
TERRITORIAL SEATERRITORIAL SEA
Piers as BaselinePiers as Baseline
HARBOURHARBOUR
WORKSWORKS
OFF SHORE STRUCTURES ARE NOT OFF SHORE STRUCTURES ARE NOT
INCLUDED IN HARBOUR WORKSINCLUDED IN HARBOUR WORKS

23. 23
THE INTERNAL WATERS OF THE STATE THE INTERNAL WATERS OF THE STATE
COMPRISE BOTH SALT AND FRESH COMPRISE BOTH SALT AND FRESH
WATERS WHICH LIE WITHIN THE BASE WATERS WHICH LIE WITHIN THE BASE
LINE OF TERRITORIAL WATERS. THESE LINE OF TERRITORIAL WATERS. THESE
INCLUDE RIVERS AND FRESH WATER INCLUDE RIVERS AND FRESH WATER
LAKE, THE WATERS WITHIN PORTS AND LAKE, THE WATERS WITHIN PORTS AND
CERTAIN OTHER LAND LOCKED WATERSCERTAIN OTHER LAND LOCKED WATERS
INTERNAL WATERS

24. 24
INTERNAL WATERSINTERNAL WATERS
FULL SOVEREIGNTYFULL SOVEREIGNTY
NO RIGHT OF INNOCENT NO RIGHT OF INNOCENT
PASSAGEPASSAGE

25. 25
ARCHIPELAGIC NATION

26. 26
ARCHIPELAGIC BASE LINE
ARCHIPELAGIC ARCHIPELAGIC
WATERSWATERS
WATER TO LAND RATIO 1:1 TO 9:1

27. 27
TERRITORIAL SEA/WATERTERRITORIAL SEA/WATER
EXTENDS TO 12 NM FROM EXTENDS TO 12 NM FROM
NEAREST POINT OF THE NEAREST POINT OF THE
APPROPRIATE BASE LINE. HOST APPROPRIATE BASE LINE. HOST
COUNTRY HAS ABSOLUTE COUNTRY HAS ABSOLUTE
SOVEREIGNITY WITH RESPECT TO SOVEREIGNITY WITH RESPECT TO
WATERS, SEABED AND SUB SOIL WATERS, SEABED AND SUB SOIL
UNDERLYING AND AIR SPACE UNDERLYING AND AIR SPACE
ABOVE.ABOVE.

28. 28
INTERNAL WATERINTERNAL WATER
BASE LINEBASE LINE
TERRITORIALTERRITORIAL
WATERWATER
Upto 12 nm
SOVEREIGN JURISDICTIONSOVEREIGN JURISDICTION
RIGHT OF INNOCENT RIGHT OF INNOCENT
PASSAGEPASSAGE

29. 29
c
LOW TIDE
ELEVATION
a
b
WILL HAVE
TERRITORIAL SEA
ISLANDS HAVE OWN ISLANDS HAVE OWN
TERRITORIAL SEATERRITORIAL SEA

30. 30
ARTIFICIAL ISLANDS ARTIFICIAL ISLANDS
AND OFFSHORE AND OFFSHORE
INSTALLATIONS HAVE INSTALLATIONS HAVE
NO TERRITORIAL SEANO TERRITORIAL SEA

31. 31
ROADSTEADSROADSTEADS
INCLUDED IN TERRITORIAL
SEA

32. 32
CONTIGUOUS ZONECONTIGUOUS ZONE

EXTENDS TO 24 NM FROM APPROPRIATE EXTENDS TO 24 NM FROM APPROPRIATE
BASE LINE. CENTRAL GOVERNMENT CAN BASE LINE. CENTRAL GOVERNMENT CAN
INSTITUTE NECESSARY MEASURES WITH INSTITUTE NECESSARY MEASURES WITH
RESPECT TORESPECT TO

(A) SECURITY OF INDIA(A) SECURITY OF INDIA

(B) IMMIGRATION(B) IMMIGRATION

(C) SANITATION(C) SANITATION

(D) CUSTOMS (D) CUSTOMS

(E) FISCAL MEASURES(E) FISCAL MEASURES

33. 33
TERRITORIALSEA
CONTIGUOUS ZONECONTIGUOUS ZONE
24 nm
12 nm
BASE LINE
JURISDICTION: CUSTOMS, FISCAL, JURISDICTION: CUSTOMS, FISCAL,
IMMIGRATION AND PUBLIC HEALTH LAWSIMMIGRATION AND PUBLIC HEALTH LAWS

34. 34
EXCLUSIVE ECONOMIC ZONEEXCLUSIVE ECONOMIC ZONE

EXTENDS TO 200 NM FROM THE BASE LINE. EXTENDS TO 200 NM FROM THE BASE LINE.
IN EEZ AND SPACE ABOVE THE ZONE, IN EEZ AND SPACE ABOVE THE ZONE,
SHIPS AND AIRCRAFTS OF ALL STATES SHIPS AND AIRCRAFTS OF ALL STATES
ENJOY –ENJOY –

FREEDOM OF NAVIGATION/OVERFLIGHTFREEDOM OF NAVIGATION/OVERFLIGHT

LAYING OF SUBMARINE CABLES AND LAYING OF SUBMARINE CABLES AND
PIPELINESPIPELINES

ANY OTHER INTERNATIONALLY LAWFUL ANY OTHER INTERNATIONALLY LAWFUL
USE.USE.

35. 35
EXCLUSIVE ECONOMIC ZONEEXCLUSIVE ECONOMIC ZONE
(E E Z)(E E Z)
200 nm
BASE LINE

36. 36
RIGHTS OF STATE IN RIGHTS OF STATE IN
EXCLUSIVE ECONOMIC ZONEEXCLUSIVE ECONOMIC ZONE

SOVEREIGN RIGHTS FOR EXPLORATION, SOVEREIGN RIGHTS FOR EXPLORATION,
EXPLOITATION CONSERVATION AND EXPLOITATION CONSERVATION AND
MANAGEMENT OF RESOURCESMANAGEMENT OF RESOURCES

EXCLUSIVE RIGHTS FOR CONSTRUCTION, EXCLUSIVE RIGHTS FOR CONSTRUCTION,
MAINTENANCE OF ARTIFICIAL ISLAND, OFF SHORE MAINTENANCE OF ARTIFICIAL ISLAND, OFF SHORE
TERMINALS, INSTALLATIONS ETC.TERMINALS, INSTALLATIONS ETC.

EXCLUSIVE JURISDICTION TO AUTHORISE, EXCLUSIVE JURISDICTION TO AUTHORISE,
REGULATE AND CONTROL SCIENTIFIC RESEARCHREGULATE AND CONTROL SCIENTIFIC RESEARCH

EXCLUSIVE JURISDICTION TO PRESERVE MARINE EXCLUSIVE JURISDICTION TO PRESERVE MARINE
ENVIRONMENT AND CONTROL MARINE ENVIRONMENT AND CONTROL MARINE
POLLUTIONPOLLUTION

CANNOT IMPEDE FREEDOM OF NAVIGATION AND CANNOT IMPEDE FREEDOM OF NAVIGATION AND
OVERFLIGHTOVERFLIGHT

37. 37
CONTINENTAL SHELFCONTINENTAL SHELF
TO 350 nmTO 350 nm
E E Z
BASE LINE
CONTINENTAL SHELFCONTINENTAL SHELF

38. 38
TERRITORIAL SEA
EEZ
H I G H S E AH I G H S E A
H I G H S E AH I G H S E A
HIGH SEASHIGH SEAS
200 NM

39. 39
 RESERVED FOR PEACEFUL PURPOSESRESERVED FOR PEACEFUL PURPOSES
 FREEDOM OF NAVIGATION AND FREEDOM OF NAVIGATION AND
OVERFLIGHTOVERFLIGHT
 NAVIES ENJOY FREEDOM OF OP, NAVIES ENJOY FREEDOM OF OP,
WEAPON FIRING, SURVEILLANCE WEAPON FIRING, SURVEILLANCE
AND INTELLIGENCE GATHERINGAND INTELLIGENCE GATHERING
HIGH SEASHIGH SEAS

40. 40
CONTINENTAL SHELF (TO 350 NM)CONTINENTAL SHELF (TO 350 NM)
EXCLUSIVE ECONOMIC ZONE (200 NM)EXCLUSIVE ECONOMIC ZONE (200 NM)
INTERNALINTERNAL
WATERWATER
CONTIGUOUS ZONE (24 NM)CONTIGUOUS ZONE (24 NM)
TERRITORIAL SEATERRITORIAL SEA
(12 NM)(12 NM)
LOW WATERLOW WATER
LINELINE
NOT TO SCALENOT TO SCALE
ARCHIPELAGIC ARCHIPELAGIC
WATERWATER
MARITIME ZONES
….

41. 41
E E Z (200nm)
Base line
LAND
Internal Water
National
Airspace
Archipelagic
Water
Territorial
Water (12nm)
CONTIGUOUS
ZONE(24nm)
HIGH SEA
International
Airspace
ADIZADIZ

42. 42
““SHIP BELONGING TO THE ARMED FORCES OF A SHIP BELONGING TO THE ARMED FORCES OF A
STATE BEARING THE EXTERNAL MARKS STATE BEARING THE EXTERNAL MARKS
DISTINGUISHING SUCH SHIPS OF ITS DISTINGUISHING SUCH SHIPS OF ITS
NATIONALITY, UNDER THE COMMAND OF AN NATIONALITY, UNDER THE COMMAND OF AN
OFFICER DULY COMMISSIONED BY THE OFFICER DULY COMMISSIONED BY THE
GOVERNMENT OF THE STATE AND WHOSE GOVERNMENT OF THE STATE AND WHOSE
NAME APPEARS IN THE APPROPRIATE SERVICE NAME APPEARS IN THE APPROPRIATE SERVICE
LIST OR ITS EQUIVALENT AND MANNED BY A LIST OR ITS EQUIVALENT AND MANNED BY A
CREW WHICH IS UNDER REGULAR ARMED CREW WHICH IS UNDER REGULAR ARMED
FORCES DISCIPLINE”.FORCES DISCIPLINE”.
WARSHIP

43. 43
RIGHTS AND DUTIES OF WARSHIPSRIGHTS AND DUTIES OF WARSHIPS

(A)(A)SEIZURE ON ACCOUNT OF PIRACY (ART 107)SEIZURE ON ACCOUNT OF PIRACY (ART 107)

(B)(B)RIGHT OF VISIT ON THE HIGH SEASRIGHT OF VISIT ON THE HIGH SEAS
(I)(I) ENGAGED IN PIRACYENGAGED IN PIRACY
(II)(II) ENGAGED IN SLAVE TRADEENGAGED IN SLAVE TRADE
(III)(III) ENGAGED IN UNAUTHORISED BROAD ENGAGED IN UNAUTHORISED BROAD
CASTINGCASTING
(IV)(IV) WITHOUT NATIONALITYWITHOUT NATIONALITY
(V)(V) OF THE NATIONALITY AS THAT OF OF THE NATIONALITY AS THAT OF
THE WARSHIP BUT FLYING A FOREIGN FLAG OR THE WARSHIP BUT FLYING A FOREIGN FLAG OR
REFUSING TO SHOW ITS FLAG (ART 110)REFUSING TO SHOW ITS FLAG (ART 110)

(C )(C )TO EXERCISE RIGHT OF HOT PURSUIT (ART 115 (5))TO EXERCISE RIGHT OF HOT PURSUIT (ART 115 (5))

(D)(D)TO EXERCISE POWER OF ENFORCEMENT AS TO EXERCISE POWER OF ENFORCEMENT AS
REGARDS REGARDS TO TO PROTECTION AND PROTECTION AND
PRESERVATION OF THE PRESERVATION OF THE MARINE MARINE
ENVIRONMENT (ART 224)ENVIRONMENT (ART 224)

44. 44
INNOCENT PASSAGE – WARSHIPSINNOCENT PASSAGE – WARSHIPS

ALL WARSHIPS/SUBMARINES ENJOY THE ALL WARSHIPS/SUBMARINES ENJOY THE
RIGHT. RIGHT.

S/M REQUIRED TO NAVIGATE ON THE S/M REQUIRED TO NAVIGATE ON THE
SURFACE SURFACE

UNITS REQUIRED TO SHOW THEIR FLAG UNITS REQUIRED TO SHOW THEIR FLAG
WHEN PASSING THROUGH FOREIGN WHEN PASSING THROUGH FOREIGN
TERRITORIAL SEATERRITORIAL SEA

PASSAGE SHOULD NOT BE PREJUDICIAL PASSAGE SHOULD NOT BE PREJUDICIAL
TO THE PEACE, GOOD ORDER OR TO THE PEACE, GOOD ORDER OR
SECURITY OF THE COASTAL STATESECURITY OF THE COASTAL STATE

45. 45
PORT-A
PORT- C
INNO
CENT PA
SSAG
E
INNO
CENT PA
SSAG
E
TERRITORIAL WATER
TERRITORIAL WATER
PORT- B
INCLUDES STOPPING INCLUDES STOPPING
AND ANCHORING IF AND ANCHORING IF
NECESSARYNECESSARY
CONTINUOUS AND EXPEDITIOUS CONTINUOUS AND EXPEDITIOUS
TRAVERSING OF TERRITORIAL SEATRAVERSING OF TERRITORIAL SEA

46. 46
ANY THREAT OR USE OF FORCE
AGAINST THE INDEPENDENCE OF
COASTAL OR ISLAND NATION

47. 47
NO EXERCISE OR PRACTICE NO EXERCISE OR PRACTICE
OF OF WEAPONSWEAPONS IN INNOCENT PASSAGE IN INNOCENT PASSAGE

48. 48
AIRCRAFT CANNOT BE AIRCRAFT CANNOT BE
LAUNCHED OR LAUNCHED OR
RECOVERED WHILE ONRECOVERED WHILE ON
INNOCENT PASSAGEINNOCENT PASSAGE

49. 49
INTELLIGENCE COLLECTION
ACTIVITIES PROHIBITED
IN
INNOCENT PASSAGE
INNOCENT
PASSAGE

50. 50
NO NO
RESEARCH & SURVEYRESEARCH & SURVEY
INNOCENT
PASSAGE
SURVEY

51. 51
INNOCENT
PASSAGE
SURVEY
PROPOGANDA
ACTIVITIES AGAINST
COASTAL STATE
PROHIBITED IN
INNOCENT PASSAGE

52. 52
INNOCENT PASSAGE DOES NOT INCLUDE INNOCENT PASSAGE DOES NOT INCLUDE
RIGHT OF OVERFLIGHTRIGHT OF OVERFLIGHT
INNOCENT
PASSAGE

53. 53
ANY ACTIVITY NOT HAVING DIRECT ANY ACTIVITY NOT HAVING DIRECT
BEARING ON PASSAGEBEARING ON PASSAGE

54. Submarines are requiredSubmarines are required
to navigate on the surface to navigate on the surface
and show their flagand show their flag
while passing through while passing through
foreign territorial seaforeign territorial sea

55. 55
COASTAL STATE MAY TAKE ACTION INCLUDING COASTAL STATE MAY TAKE ACTION INCLUDING
USE OF FORCE IF PASSAGE NOT INNOCENTUSE OF FORCE IF PASSAGE NOT INNOCENT

56. 56
SHIPS MAY ENTER TERRITORIAL SHIPS MAY ENTER TERRITORIAL
SEA WITHOUT PERMISSION TO SEA WITHOUT PERMISSION TO
RENDER ASSISTANCERENDER ASSISTANCE
PROVIDED THE LOCATION OF PROVIDED THE LOCATION OF
DANGER & DISTRESS IS DANGER & DISTRESS IS
REASONABLY WELL KNOWNREASONABLY WELL KNOWN
AIRCRAFT CANNOTAIRCRAFT CANNOT

57. 57
INNOCENT PASSAGE INNOCENT PASSAGE
AMBIGUITIESAMBIGUITIES

WHO WILL DECIDE PASSAGE IS WHO WILL DECIDE PASSAGE IS
INNOCENT OR NOT ?INNOCENT OR NOT ?

““ANY ACTIVITY NOT HAVING DIRECT ANY ACTIVITY NOT HAVING DIRECT
BEARING ON PASSAGE”, GIVES BLANKET BEARING ON PASSAGE”, GIVES BLANKET
SANCTION TO COASTAL STATESANCTION TO COASTAL STATE

OVERFLIGHT NOT INCLUDED. OVERFLIGHT NOT INCLUDED.
AIRCRAFTS IN DISTRESS SHOULD BE AIRCRAFTS IN DISTRESS SHOULD BE
ALLOWED TO ENTERALLOWED TO ENTER

58. 58
MANY INTERNATIONAL STRAITS USED FOR NAVIGATION ALL
OVER THE WORLD
NECESSITY TO PROMULGATE A REGIME FOR THESE STRAITS -
WORLD'S ECONOMY IS DEPENDENT ON TRADE THAT PASSES
THROUGH THESE STRAITS
SHIPS AND AIRCRAFTS WILL REFRAIN FROM USE OF FORCE
AGAINST SOVEREIGNTY, TERRITORIAL INTEGRITY AND
POLITICAL INDEPENDENCE OF STATES BORDERING THE STRAIT
FREEDOM OF NAVIGATION AND OVERFLIGHT IN NORMAL MODE FREEDOM OF NAVIGATION AND OVERFLIGHT IN NORMAL MODE
OF NAVIGATIONOF NAVIGATION
SOLELY FOR CONTINUOUS AND EXPEDITIOUS TRANSIT OF STRAITSOLELY FOR CONTINUOUS AND EXPEDITIOUS TRANSIT OF STRAIT

INTERNATIONAL STRAITS

59. 59
INTERNATIONAL STRAITS-TRANSIT PASSAGEINTERNATIONAL STRAITS-TRANSIT PASSAGE
APPLICABLE TO INTERNATIONAL STRAITS ONLYAPPLICABLE TO INTERNATIONAL STRAITS ONLY
ENJOYED BY ALL SHIPS AND AC IN THEIR NORMAL ENJOYED BY ALL SHIPS AND AC IN THEIR NORMAL
MODE OF OPERATION i.eMODE OF OPERATION i.e

SUBMARINES MAY PROCEED DIVED UNLIKE AS IN SUBMARINES MAY PROCEED DIVED UNLIKE AS IN
INNOCENT PASSAGE WHERE THEY MUST SURFACEINNOCENT PASSAGE WHERE THEY MUST SURFACE
AC CARRIERS CAN OPERATE AC FROM DECK AC CARRIERS CAN OPERATE AC FROM DECK
NAVAL TASK FORCE MAY STEAM IN FORMATIONNAVAL TASK FORCE MAY STEAM IN FORMATION
CANNOT BE SUSPENDED UNLIKE INNOCENT PASSAGECANNOT BE SUSPENDED UNLIKE INNOCENT PASSAGE
TRANSIT PASSAGE IS EXERCISED IN INTERNATIONAL TRANSIT PASSAGE IS EXERCISED IN INTERNATIONAL
STRAITS EVEN BORDERING TERRITORIAL SEAS- EG STRAITS EVEN BORDERING TERRITORIAL SEAS- EG
GIBRALTAR, SUNDA AND LUMBOKGIBRALTAR, SUNDA AND LUMBOK

60. 60
SINGAPORESINGAPORE
M A L A Y S I AM A L A Y S I A M A L A Y S I AM A L A Y S I A
BATAMBATAM
T
raffic S
ep
aratiom
TRANSIT PASSAGE
THROUGH
INTERNATIONAL STRAITS

61. 61
STRAITS OF GIBRALTAR
ONLY 8 NM AT THE NARROWEST BUT STILL SUBJECT TO THE
REGIME OF TRANSIT PASSAGE WHICH CANNOT BE STOPPED
MEDITERRANEAN
ATLANTIC
S
P
A
I
N
M
O
R
O
C
C
O

62. 62
SUMATRA
JAVA
PACIFIC
BORNEO
INDIAN OCEAN
SUNDA STRAITS - INDONESIA
A STRATEGICALLY LOCATED STRAIT USED EXTENSIVELY BY
BOTH US AND USSR SMs DURING THE COLD WAR FOR
TRANSITING FROM THE INDIAN OCEAN TO THE PACIFIC.
TRANSIT PASSAGE WAS ONCE SUSPENDED BY INDONESIA BUT
WAS LATER RESTORED UNDER INTERNATIONAL PRESSURE

63. 63
TRANSIT PASSAGE AMBIGUITIESTRANSIT PASSAGE AMBIGUITIES

WHO WILL DECIDE PASSAGE IS WHO WILL DECIDE PASSAGE IS
CONTINUOUS AND EXPEDITIOUS OR CONTINUOUS AND EXPEDITIOUS OR
NOT ?NOT ? ROOM FOR DISAGREEMENTROOM FOR DISAGREEMENT

WHO WILL DECIDE WHETHER SHIP OR WHO WILL DECIDE WHETHER SHIP OR
AIRCRAFT IS THREAT AGAINST THE AIRCRAFT IS THREAT AGAINST THE
SOVEREIGNTY OR TERRITORIAL SOVEREIGNTY OR TERRITORIAL
INTEGRITY OF COASTAL STATE OR INTEGRITY OF COASTAL STATE OR
NOT ?NOT ? ROOM FOR DISAGREEMENTROOM FOR DISAGREEMENT

64. 64
25 nm
25 nm
40nm40nm
ARCHIPELAGIC SEA LANES PASSAGEARCHIPELAGIC SEA LANES PASSAGE
OUTSIDE SEA LANES – INNOCENT PASSAGEOUTSIDE SEA LANES – INNOCENT PASSAGE

65. 65
A LEGITIMATE CHASE OF A FOREIGN A LEGITIMATE CHASE OF A FOREIGN
VESSEL ON THE HIGH SEAS WHEN VESSEL ON THE HIGH SEAS WHEN
SHE OR A PERSON ON BOARD, HAS SHE OR A PERSON ON BOARD, HAS
VIOLATED THE LAWS OF A STATE VIOLATED THE LAWS OF A STATE
WHILST IN ITS JURISDICTIONAL WHILST IN ITS JURISDICTIONAL
WATERS.WATERS.
HOT PURSUIT

66. 66
A
B
TERRITORIAL
WATER OF ‘A’
T
E
R
R
IT
O
R
IA
L

W
A
T
E
R
O
F
‘B
’
HOT PURSUIT
APPLIES TO VIOLATION OF LAW APPLIES TO VIOLATION OF LAW
IN ANY OF THE MARITIME ZONESIN ANY OF THE MARITIME ZONES

67. 67
RIGHT OF HOT PURSUITRIGHT OF HOT PURSUIT

RIGHT ENVISAGES PURSUING OF FOREIGN SHIP FROM RIGHT ENVISAGES PURSUING OF FOREIGN SHIP FROM
TERRITORIAL SEAS TO HIGH SEAS.TERRITORIAL SEAS TO HIGH SEAS.

RESTRICTIONS ON COASTAL STATERESTRICTIONS ON COASTAL STATE

PURSUIT MAY BE COMMENCED ONLY IF FOREIGN SHIP PURSUIT MAY BE COMMENCED ONLY IF FOREIGN SHIP
DOES NOT ABIDE BY THE VISUAL OR AUDIO SIGNAL TO DOES NOT ABIDE BY THE VISUAL OR AUDIO SIGNAL TO
STOPSTOP

PURSUIT IS CONTINUOUS AND NOT INTERRUPTED.PURSUIT IS CONTINUOUS AND NOT INTERRUPTED.

PURSUED SHIP HAS NOT SUCCEEDED IN ENTERING ITS PURSUED SHIP HAS NOT SUCCEEDED IN ENTERING ITS
OWN OR A THIRD STATES TERRITORIAL SEA.OWN OR A THIRD STATES TERRITORIAL SEA.

NO EXCESSIVE FORCE USED TO SECURE RETURN OF SHIP NO EXCESSIVE FORCE USED TO SECURE RETURN OF SHIP
TO ANY PORT OF PURSUING STATE.TO ANY PORT OF PURSUING STATE.

CAN BE EXERCISED ONLY BY WARSHIPS/MILITARY CAN BE EXERCISED ONLY BY WARSHIPS/MILITARY
AIRCRAFTS OR OTHER GOVT SHIPS/AIRCRAFTS AIRCRAFTS OR OTHER GOVT SHIPS/AIRCRAFTS
ESPECIALLY AUTHORISEDESPECIALLY AUTHORISED

IF PURSUIT COMMENCED/SHIP STOPPED WITHOUT IF PURSUIT COMMENCED/SHIP STOPPED WITHOUT
JUSTIFIABLE REASON IT HAS TO BE COMPENSATED. JUSTIFIABLE REASON IT HAS TO BE COMPENSATED.

68. 68
HOT PURSUIT vs SELF DEFENCE PURSUITHOT PURSUIT vs SELF DEFENCE PURSUIT
HOT PURSUIT IS IN RESPONSE TO HOT PURSUIT IS IN RESPONSE TO
VIOLATION OF LAW IN MARITIME ZONESVIOLATION OF LAW IN MARITIME ZONES
SELF DEFENCE PURSUIT IS IN RESPONSE TO SELF DEFENCE PURSUIT IS IN RESPONSE TO
HOSTILE ACT OF HOSTILE FORCESHOSTILE ACT OF HOSTILE FORCES
PURSUIT IN SELF DEFENCE USUALLY BEGINS PURSUIT IN SELF DEFENCE USUALLY BEGINS
AT HIGH SEASAT HIGH SEAS
HOT PURSUIT NEVER COMMENCES AT HIGH HOT PURSUIT NEVER COMMENCES AT HIGH
SEASSEAS

69. 69
RIGHTS AVAILABLE IN HIGH SEASRIGHTS AVAILABLE IN HIGH SEAS

FREEDOM OF NAVIGATIONFREEDOM OF NAVIGATION

FREEDOM OF OVERFLIGHTFREEDOM OF OVERFLIGHT

FREEDOM TO LAY SUBMARINE CABLES FREEDOM TO LAY SUBMARINE CABLES
AND PIPELINES.AND PIPELINES.

FREEDOM TO CONSTRUCT ARTIFICIAL FREEDOM TO CONSTRUCT ARTIFICIAL
ISLANDS AND OTHER INSTALLATIONSISLANDS AND OTHER INSTALLATIONS

FREEDOM OF FISHINGFREEDOM OF FISHING

FREEDOM OF SCIENTIFIC RESEARCHFREEDOM OF SCIENTIFIC RESEARCH

70. 70
SECURITY ZONES OR HIGH SEA FREEDOMSECURITY ZONES OR HIGH SEA FREEDOM
INTERNATIONAL LAW DOES NOT INTERNATIONAL LAW DOES NOT
RECOGNISE THIS RIGHT IN PEACE TIME. RECOGNISE THIS RIGHT IN PEACE TIME.
NEVERTHELESS SOME COASTAL STATES HAVE NEVERTHELESS SOME COASTAL STATES HAVE
CLAIMED THE RIGHT TO ESTABLISH CLAIMED THE RIGHT TO ESTABLISH
MILITARY SECURITY ZONE BEYOND THEIR MILITARY SECURITY ZONE BEYOND THEIR
TERRITORIAL SEA IN WHICH THEY PURPORT TERRITORIAL SEA IN WHICH THEY PURPORT
TO REGULATE THE ACTIVITIES OF WAR SHIPS TO REGULATE THE ACTIVITIES OF WAR SHIPS
AND MILITARY AIR CRAFTS OF OTHER AND MILITARY AIR CRAFTS OF OTHER
NATIONS BY SUCH RESTRICTIONS AS PRIOR NATIONS BY SUCH RESTRICTIONS AS PRIOR
NOTIFICATION OR AUTHORISATION FOR NOTIFICATION OR AUTHORISATION FOR
ENTRY LIMITS ON THE NUMBER OF FOREIGN ENTRY LIMITS ON THE NUMBER OF FOREIGN
SHIPS/AIR CRAFTS PRESENT AT ANY GIVEN SHIPS/AIR CRAFTS PRESENT AT ANY GIVEN
TIME, PROHIBITION ON OPERATION TIME, PROHIBITION ON OPERATION
ACTIVITIES.ACTIVITIES.

71. 71
SAFETY ZONESSAFETY ZONES
COASTAL AND ISLAND NATIONS MAY COASTAL AND ISLAND NATIONS MAY
ESTABLISH SAFETY ZONES TO PROTECT ESTABLISH SAFETY ZONES TO PROTECT
ARTIFICIAL ISLANDS, INSTALLATIONS ARTIFICIAL ISLANDS, INSTALLATIONS
AND STRUCTURES LOCATED IN THEIR AND STRUCTURES LOCATED IN THEIR
INTERNAL WATER, TERRITORIAL SEA INTERNAL WATER, TERRITORIAL SEA
AND EEZ OR CONTINENTAL SHELVES.AND EEZ OR CONTINENTAL SHELVES.

72. 72
SAFEGUARDING NATIONAL INTERESTSSAFEGUARDING NATIONAL INTERESTS

MILITARY MEASURESMILITARY MEASURES – TO DETER AGGRESSION AND SHOULD – TO DETER AGGRESSION AND SHOULD
DETERRANCE FAIL TO ENGAGE AND DEFEAT AGGRESSOR IN DETERRANCE FAIL TO ENGAGE AND DEFEAT AGGRESSOR IN
ARMED CONFLICT.ARMED CONFLICT.

RIGHT TO SELF DEFENCERIGHT TO SELF DEFENCE – ALL NATIONS ENJOYED INHERENT – ALL NATIONS ENJOYED INHERENT
RIGHT OF SELF DEFENCE AGAINST ARMED CONFLICT.RIGHT OF SELF DEFENCE AGAINST ARMED CONFLICT.

MARITIME QUARANTINEMARITIME QUARANTINE – LIMITED COERCIVE MEASURES ON – LIMITED COERCIVE MEASURES ON
THE HIGH SEAS APPLICABLE TO ONLY SHIPS CARRYING THE HIGH SEAS APPLICABLE TO ONLY SHIPS CARRYING
OFFENSIVE WEAPONARY.OFFENSIVE WEAPONARY.

ANTICIPATORY SELF DEFENCEANTICIPATORY SELF DEFENCE – WHEN THERE IS CLEAR – WHEN THERE IS CLEAR
NECESSITY AND LEAVES NO CHOICE OF PEACEFUL MEANS NECESSITY AND LEAVES NO CHOICE OF PEACEFUL MEANS
THE THREATENED NATION CAN TAKE MILITARY MEASURES THE THREATENED NATION CAN TAKE MILITARY MEASURES
FOR ANTICIPATORY SELF DEFENCE.FOR ANTICIPATORY SELF DEFENCE.

73. 73
BLOCKADEBLOCKADE

BELLIGERENT OPERATION TO PREVENT BELLIGERENT OPERATION TO PREVENT
VESSELS AND AIRCRAFT OF ALL NATIONS VESSELS AND AIRCRAFT OF ALL NATIONS
FROM ENTERING OR EXITING SPECIFIED FROM ENTERING OR EXITING SPECIFIED
PORTS OF ENEMY NATION.PORTS OF ENEMY NATION.

TO BE VALID THE GOVT. MUST DECLARE A TO BE VALID THE GOVT. MUST DECLARE A
BLOCKADE FOLLOWED BY NOTIFICATION BLOCKADE FOLLOWED BY NOTIFICATION
TO ALL AFFECTED NATIONS.TO ALL AFFECTED NATIONS.

TO BE EFFECTIVE IT MUST BE MAINTAINED TO BE EFFECTIVE IT MUST BE MAINTAINED
BY A SURFACE, AIR OR SUBSURFACE FORCE BY A SURFACE, AIR OR SUBSURFACE FORCE
TO RENDER INGRESS AND EGRESS OF THE TO RENDER INGRESS AND EGRESS OF THE
BLOCKADED AREA DANGEROUS.BLOCKADED AREA DANGEROUS.

BLOCKADE MUST BE IMPARTIAL.BLOCKADE MUST BE IMPARTIAL.

74. 74
VISIT AND SEARCHVISIT AND SEARCH

BEFORE SUMMONING A VESSEL, WARSHIP SHOULD BEFORE SUMMONING A VESSEL, WARSHIP SHOULD
HOIST ITS NATIONAL FLAG AND SUMMONS TO BE HOIST ITS NATIONAL FLAG AND SUMMONS TO BE
MADE BY FIRING A BLANK CHARGE OR BY HOISTING MADE BY FIRING A BLANK CHARGE OR BY HOISTING
INTER NATIONAL FLAG SIGNAL `SN’ OR `SQ’.INTER NATIONAL FLAG SIGNAL `SN’ OR `SQ’.

IF THE SUMMONED VESSEL IS AN ENEMY SHIP AND IF THE SUMMONED VESSEL IS AN ENEMY SHIP AND
TAKES FLIGHT SHE MAY BE PURSUED AND BROUGHT TAKES FLIGHT SHE MAY BE PURSUED AND BROUGHT
TO BY FORCIBLE MEANS IF NECESSARY.TO BY FORCIBLE MEANS IF NECESSARY.

WHEN THE VESSEL HAS BEEN BROUGHT TO, AN WHEN THE VESSEL HAS BEEN BROUGHT TO, AN
OFFICER SHOULD BE SENT TO CONDUCT VISIT AND OFFICER SHOULD BE SENT TO CONDUCT VISIT AND
SEARCHSEARCH

THE OFFICER AND BOAT CREW MAY BE ARMED AT THE OFFICER AND BOAT CREW MAY BE ARMED AT
THE DISCRETION OF CO.THE DISCRETION OF CO.

ENTRY TO BE MADE IN THE LOG BOOK ON THE ENTRY TO BE MADE IN THE LOG BOOK ON THE
FACTS CONCERNING VISIT AND SEARCHFACTS CONCERNING VISIT AND SEARCH

75. 75
SAFETY ZONES & WARNING AREASSAFETY ZONES & WARNING AREAS
TEMPORARLY CLOSE WARNING AREAS ON TEMPORARLY CLOSE WARNING AREAS ON
HIGH SEAS FOR NAVIGATIONAL SAFETYHIGH SEAS FOR NAVIGATIONAL SAFETY
SUSPEND INNOCENT PASSAGESUSPEND INNOCENT PASSAGE
TRANSIT PASSAGE CANNOT BE SUSPENDEDTRANSIT PASSAGE CANNOT BE SUSPENDED
ESTABLISH SAFETY ZONES OF 500 M ESTABLISH SAFETY ZONES OF 500 M
AROUND OFFSHORE INSTALLATIONSAROUND OFFSHORE INSTALLATIONS

76. 76
LAW OF ARMED CONFLICTLAW OF ARMED CONFLICT

77. 77
REFERENCESREFERENCES

INBR 1650-SEAMANs GUIDE TO INBR 1650-SEAMANs GUIDE TO
INTERNATIONALINTERNATIONAL LAWLAW

SAN REMO MANUAL 1994SAN REMO MANUAL 1994

DOCUMENTS ON THE LAWS OF WARDOCUMENTS ON THE LAWS OF WAR

RELEVENT NAVY ORDERSRELEVENT NAVY ORDERS

DSSC DOCKETDSSC DOCKET

78. 78
MY LAI MASSACRE
•VILLAGE IN CENTRAL VIETNAM
•SEARCH AND DESTROY MISSION UNDERTAKEN
BY AMERICAN GIS UNDER LT WILLIAM CALLEY
•MORE THAN 500 CIVILIANS, MOSTLY WOMEN
AND CHILDREN WERE KILLED IN AN HOUR
•THERE WAS NO RETURN FIRE DURING THE
ENTIRE DURATION OF THE MASSACRE
•CALLEY MAINTAINED THAT HE WAS ORDERED
TO KILL EVERYONE
•CALLEY CHARGED WITH MURDER

79. 79
EVIDENCE WAS SUBMITTED THAT CALLEY
RETRIEVED A CHILD WHO MANAGED TO ESCAPE,
THREW HIM BACK AND SHOT HIM DOWN
MY LAI MASSACRE

80. 80
MY LAI MASSACRE
GIs SET FIRE TO DWELLINGS AT MY LAI

81. 81
CALLEY ON WAY TO THE GCM
CALLEY WAS SENTENCED TO HARD LABOUR
FOR LIFE BUT WAS PAROLED AFTER THREE YRS

82. 82
A SHOT SEEN ROUND THE WORLD
IRAQ – 13 NOV 04

-US MARINE FIRES ON WOUNDED IRAQI IN FALLUJAHUS MARINE FIRES ON WOUNDED IRAQI IN FALLUJAH
-FOOTAGE AIRED AROUND THE WORLDFOOTAGE AIRED AROUND THE WORLD
-IF PROVED WAR CRIME COULD LEAD TO COURT MARTIAL OF IF PROVED WAR CRIME COULD LEAD TO COURT MARTIAL OF
MARINE FOR BEING GUILTY OF MURDERMARINE FOR BEING GUILTY OF MURDER

83. 83
COMMONALITY

ALL PERSONNEL PROSECUTED WERE ALL PERSONNEL PROSECUTED WERE
MEN IN UNIFORMMEN IN UNIFORM

ALL FELT THEY WERE ALL FELT THEY WERE JUSTJUST DOING THEIR DOING THEIR
DUTYDUTY

ALL COMMITTED WAR CRIMESALL COMMITTED WAR CRIMES

ALL WERE HELD INDIVIDUALLY ALL WERE HELD INDIVIDUALLY
RESPONSIBLERESPONSIBLE

MOST WERE NOT AWARE OF MOST WERE NOT AWARE OF
INTERNATIONAL LAWINTERNATIONAL LAW

THEY WERE JUST LIKE YOU OR ME !THEY WERE JUST LIKE YOU OR ME !

84. 84
HOW DO THESE INCIDENTS RELATE
TO US IN THE FORCES
• KNOWLEDGE OF INTERNATIONAL LAW A
MUST FOR ALL OFFICERS
• ALL MARITIME OPS MUST BE CARRIED OUT
WITHIN LIMITS IMPOSED BY
INTERNATIONAL LAW. THEREFORE
NOTWITHSTANDING INHERENT RIGHT OF
SELF DEFENCE, LEGAL RESTRAINTS ON ALL
MARITIME OPS WILL REFLECT IN
RsOE.

85. 85
INTERNATIONAL LAW
WHY NEED FOR TRAINING?
NAVAL OFFICERS ALREADY HAVE MORAL
CHARACTER AND RESOLVE TO BEHAVE
PROPERLY IN TIMES OF WAR
PROMULGATED RULES OF ENGAGEMENT
ARE COMPLETE AND SPECIFIC TO
REGULATE OFFICER’S CONDUCT
DUTY OF FIGHTING MEN IS TO WIN WARS
FOR THEIR COUNTRY.ADHERENCE TO AN
OBSOLUTE AND OBSCURE CONCEPT LIKE
INTERNATIONAL LAW, IN TIMES OF WAR
IS FOOLISH AND MAY EVEN BE DISLOYAL.

86. 86
INSTRUCTIONS IN LAWS OF WARFAREINSTRUCTIONS IN LAWS OF WARFARE

ARTICLES 83 AND 87 OF THE GENEVA ARTICLES 83 AND 87 OF THE GENEVA
CONVENTIONS (TO WHICH INDIA IS CONVENTIONS (TO WHICH INDIA IS
PARTY) REQUIRE INSTRUCTION IN LAW PARTY) REQUIRE INSTRUCTION IN LAW
OF WARFARE FOR PERSONS WHOSE OF WARFARE FOR PERSONS WHOSE
“LEVEL OF RESPONSIBILITY” ENABLE “LEVEL OF RESPONSIBILITY” ENABLE
THEM TO “PREVENT AND SUPPRESS THEM TO “PREVENT AND SUPPRESS
BREACHES” OF LAW.BREACHES” OF LAW.

LACK OF SUCH INSTRUCTION IS NO LACK OF SUCH INSTRUCTION IS NO
EXCUSE FOR BREACHES OF THE LAW.EXCUSE FOR BREACHES OF THE LAW.

87. 87
MY LAI
“I CANNOT REMEMBER A SINGLE CLASS ON THE
GENEVA CONVENTIONS BUT I KNOW THAT ONE
CAN BE COURT MARTIALLED FOR DISOBEYING
ORDERS”.

88. 88
LAWS OF ARMED CONFLICT - LAWS OF ARMED CONFLICT -
WHOSE RESPONSIBILITY?WHOSE RESPONSIBILITY?

COMMAND COMMAND

OFFICERS IN COMMAND RESPONSIBLE FOR OFFICERS IN COMMAND RESPONSIBLE FOR
CONDUCT OF ALL OPNS IAW LAWS OF ARMED CONDUCT OF ALL OPNS IAW LAWS OF ARMED
CONFLICT INCLUDING PROPER PERFORMANCE OF CONFLICT INCLUDING PROPER PERFORMANCE OF
SUB-ORDINATESSUB-ORDINATES

COMMANDER MAY DELEGATE SOME OR ALL OF HIS COMMANDER MAY DELEGATE SOME OR ALL OF HIS
AUTHORITY BUT HE CAN NOT DELEGATE AUTHORITY BUT HE CAN NOT DELEGATE
RESPONSIBILITYRESPONSIBILITY

INDIVIDUALINDIVIDUAL

ALL OFFICERS AND MEN OF INDIAN NAVY ARE DUTY ALL OFFICERS AND MEN OF INDIAN NAVY ARE DUTY
BOUND TO COMPLY WITH ‘LAC’BOUND TO COMPLY WITH ‘LAC’

MUST OBEY READILY AND STRICTLY ALL LAWFUL MUST OBEY READILY AND STRICTLY ALL LAWFUL
ORDERS OF SUPERIORORDERS OF SUPERIOR

AN UNLAWFUL ORDER DOES NOT RELIEVE A SUB-AN UNLAWFUL ORDER DOES NOT RELIEVE A SUB-
ORDINATE OF HIS RESPONSIBILITY TO COMPLY ORDINATE OF HIS RESPONSIBILITY TO COMPLY
WITH THE LAW OF ARMED CONFLICTWITH THE LAW OF ARMED CONFLICT

89. 89
WHAT DOES
UNLAWFUL ORDER
MEAN?
• ACTIONS WHICH CAN BE CONSTRUED AS
WAR CRIMES OR THOSE NOT IN
ACCORDANCE WITH THE LAWS OF WAR ARE
TERMED AS UNLAWFUL

90. 90
INDIVIDUAL RESPONSIBILITY
INDIVIDUAL IS RESPONSIBLE FOR ‘CRIMES
AGAINST PEACE’, ‘CRIMES AGAINST
HUMANITY’ AND “WAR CRIMES”.
DEFENCE OF SUPERIOR ORDERS COULD
OPERATE AS A MITIGATING FACTOR BUT DOES
NOT REMOVE INDIVIDUAL RESPONSIBILITY.
 ONLY IF THE UNLAWFULNESS OF AN ORDER IS
NOT KNOWN BY THE INDIVIDUAL, AND HE
COULD NOT REASONABLY BE EXPECTED
UNDER THE CIRCUMSTANCES TO RECOGNISE
THE ORDER AS UNLAWFUL, WILL THE
DEFENCE OF ‘OBEDIENCE OF AN ORDER’
PROTECT A SUBORDINATE FROM THE
CONSEQUENCES OF VIOLATION OF THE LAW
OF ARMED CONFLICT.

91. 91
CRIMES AGAINST INTERNATIONAL LAW

CRIMES AGAINST PEACECRIMES AGAINST PEACE : NAMELY PLANNING : NAMELY PLANNING
PREPARATION, INITIATION OR WAGING OF A WAR OF PREPARATION, INITIATION OR WAGING OF A WAR OF
AGGRESSION, IN VIOLATION OF INTERNATIONAL AGGRESSION, IN VIOLATION OF INTERNATIONAL
TREATIES AND AGREEMENTS.TREATIES AND AGREEMENTS.

WAR CRIMESWAR CRIMES : VIOLATION OF THE LAWS OR CUSTOMS : VIOLATION OF THE LAWS OR CUSTOMS
OF WAR. Eg:- MURDER OR ILL TREATMENT OF POWs, OF WAR. Eg:- MURDER OR ILL TREATMENT OF POWs,
KILLING OF HOSTAGES, PLUNDER OF PROPERTY KILLING OF HOSTAGES, PLUNDER OF PROPERTY
AND WANTON DESTRUCTION OF CITIES, TOWNS, OR AND WANTON DESTRUCTION OF CITIES, TOWNS, OR
VILLAGES.VILLAGES.

CRIMES AGAINST HUMANITYCRIMES AGAINST HUMANITY : MURDER, : MURDER,
EXTERMINATION, ENSLAVEMENT, DEPORTATION EXTERMINATION, ENSLAVEMENT, DEPORTATION
AND OTHER INHUMANE ACTS COMMITTED AGAINST AND OTHER INHUMANE ACTS COMMITTED AGAINST
CIVILIAN POPULATION.CIVILIAN POPULATION.

92. 92
REPRESENTATIVE WAR CRIMES
 OFFENCES AGAINST PRISONERS OF WAR.
 OFFENCES AGAINST CIVILIAN INHABITANTS.
 OFFENCES AGAINST THE SICK AND WOUNDED.
 OFFENCES AGAINST COMBATANTS WHO HAVE LAID DOWN
THEIR ARMS AND SURRENDERED.
 OFFENCES AGAINST SURVIVORS OF SHIPS AND AIRCRAFT
LOST AT SEA.
 WANTON DESTRUCTION OF CITIES, TOWNS AND VILLAGES.
 DELIBERATE ATTACKS UPON MEDICAL FACILITIES.
 PLUNDER AND PILLAGE OF PUBLIC OR PRIVATE PROPERTY.
 MUTILATION OR OTHER MISTREATMENT OF THE DEAD.
 EMPLOYING FORBIDDEN ARMS OR AMMUNITION.
 MISUSE OF ABUSE OF OR FIRING ON ‘FLAGS OF TRUCE’ OR
ON THE RED CROSS DEVICE.
 TREACHEROUS REQUEST FOR QUARTER.

93. 93
INTERNATIONAL AGREEMENTS
IN CODIFICATION OF ‘LAC’
1907 HAGUE CONVENTIONS
- RESPECTING LAWS & CUSTOMS OF WAR ON LAND
- RIGHTS AND DUTIES OF NEUTRAL POWERS IN LAND
WAR
- CONVERSION OF MERCHANT SHIPS INTO WAR SHIPS
- LAYING OF SUBMARINE CONTACT MINES
- BOMBARDMENT BY NAVAL FORCES
- RESTRICTIONS ON EXERCISE OF RIGHT OF
CAPTURE IN NAVAL WAR
- RIGHTS AND DUTIES OF NEUTRAL POWERS IN
NAVAL WAR

94. 94
INTERNATIONAL AGREEMENTS IN
CODIFICATION OF ‘LAC’
1923 HAGUE RULES OF AERIAL WARFARE
1925 GENEVA GAS PROTOCOL
1936 LONDON PROTOCOL RELATING TO THE
RULES OF SUBMARINE WARFARE .
1948 UN CONVENTION ON THE PREVENTION
AND PUNISHMENT OF CRIME OF GENOCIDE

95. 95
INTERNATIONAL AGREEMENTS IN
CODIFICATION OF ‘LAC’
1949 GENEVA CONVENTIONS (NO (STR)) 2/93)
- I - AMELIORATION OF CONDITION OF WOUNDED AND
SICK IN ARMED FORCES IN FIELD
- II - AMELIORATION OF CONDITION OF WOUNDED AND
SICK WORKED IN ARMED FORCES AT SEA
- III - TREATMENT OF POW
- IV – PROTECTION OF CIVILIAN PERSONS DURING WAR
1977 GENEVA PROTOCOLS
- I - PROTECTION OF VICTIMS OF INTERNATIONAL ARMED
CONFLICTS.
- II – PROTECTION OF VICTIMS OF NON-INTERNATIONAL
ARMED CONFLICTS.

96. 96
INTERNATIONAL AGREEMENTS IN
CODIFICATION OF ‘LAC’

1978 RED CROSS RULES OF INTERNATIONAL 1978 RED CROSS RULES OF INTERNATIONAL
HUMANITARIAN LAWHUMANITARIAN LAW

1980 UN CONVENTIONS ON PROHIBITION OR 1980 UN CONVENTIONS ON PROHIBITION OR
RESTRICTIONS ON USE OF CERTAIN CONVENTIONAL RESTRICTIONS ON USE OF CERTAIN CONVENTIONAL
WEAPONS WHICH CAUSE EXCESSIVE INJURY OR WEAPONS WHICH CAUSE EXCESSIVE INJURY OR
HAS INDISCRIMINATE EFFECTS.HAS INDISCRIMINATE EFFECTS.
-- NON DETECTABLE FRAGMENTS,MINES & NON DETECTABLE FRAGMENTS,MINES &
BOOBY TRAPS, INCENDIARY WEAPONS, BLINDING BOOBY TRAPS, INCENDIARY WEAPONS, BLINDING
LASER WEAPONSLASER WEAPONS

97. 97
INTERNATIONAL AGREEMENTS IN
CODIFICATION OF ‘LAC’
1994 UN CONVENTION ON SAFETY OF UN &
ASSOCIATED PERSONNEL.
1997 OTTAWA CONVENTION ON ANTI PERSONNEL
MINES
1999 PROTOCOL FOR PROTECTION OF CULTURAL
PROPERTY (NO(STR) 5/02)

98. 98
INTERNATIONAL LAW
LAWS OF WAR OR
ARMED CONFLICT
INTERNATIONAL
HUMANITARIAN
LAW
LAWS OF
TARGETING
LAWS OF
NEUTRALITY
INTERNATIONAL
MARITIME LAW
RULES OF ENGAGEMENT
I
N
P
U
T
S
I
N
P
U
T
S

99. 99
LAW OF ARMED CONFLICT
THE LAW OF ARMED CONFLICT SEEKS
TO PREVENT UNNECESSARY SUFFERING
AND DESTRUCTION BY CONTROLLING
AND MITIGATING THE HARMFUL
EFFECTS OF HOSTILITIES THROUGH
THE ESTABLISHMENT OF MINIMUM
STANDARDS OF PROTECTION TO BE
ACCORDED TO BOTH COMBATANTS AND
NON-COMBATANTS.

100. 100
PRINCIPLES OF LAW OF ARMED CONFLICTPRINCIPLES OF LAW OF ARMED CONFLICT

ONLY THAT DEGREE AND KIND OF FORCE, NOT ONLY THAT DEGREE AND KIND OF FORCE, NOT
OTHERWISE PROHIBITED BY THE LAW OF ARMED OTHERWISE PROHIBITED BY THE LAW OF ARMED
CONFLICT, REQUIRED FOR THE PARTIAL OR CONFLICT, REQUIRED FOR THE PARTIAL OR
COMPLETE SUBMISSION OF THE ENEMY WITH A COMPLETE SUBMISSION OF THE ENEMY WITH A
MINIMUM EXPENDUTURE OF TIME, LIFE AND MINIMUM EXPENDUTURE OF TIME, LIFE AND
PHYSICAL RESOURCES, MAY BE APPLIED.PHYSICAL RESOURCES, MAY BE APPLIED.

THE EMPLOYMENT OF ANY KIND OR DEGREE OF THE EMPLOYMENT OF ANY KIND OR DEGREE OF
FORCE NOT REQUIRED FOR THE PURPOSE OF THE FORCE NOT REQUIRED FOR THE PURPOSE OF THE
PARTIAL OR COMPLETE SUBMISSION OF THE ENEMY PARTIAL OR COMPLETE SUBMISSION OF THE ENEMY
WITH A MINIMUM EXPENDITURE OF TIME, LIFE AND WITH A MINIMUM EXPENDITURE OF TIME, LIFE AND
PHYSICAL RESOURCES, IS PROHIBITED.PHYSICAL RESOURCES, IS PROHIBITED.

DISHONOURABLE(TREACHEROUS) MEANS, DISHONOURABLE(TREACHEROUS) MEANS,
DISHONOURABLE EXPENDIENTS AND DISHONOURABLE DISHONOURABLE EXPENDIENTS AND DISHONOURABLE
CONDUCT DURING ARMED CONFLICE, ARE CONDUCT DURING ARMED CONFLICE, ARE
FORBIDDEN.FORBIDDEN.

101. 101
LAW OF ARMED
CONFLICT
APPLICABLE WHEN HOSTILITIES HAVE
BEGUN
GOVERNS THE ACTUAL CONDUCT OF
HOSTILITIES
DOES NOT INTEND TO IMPEDE THE
WAGING OF HOSTILITIES

102. 102
LAW OF ARMED
CONFLICT
SEEKS THAT VIOLENCE IS DIRECTED TO
ENEMY’S FORCES - CRITICAL MILITARY
TARGETS
NOT CAUSE PURPOSELESS,
UNNECESSARY HUMAN MISERY AND
PHYSICAL DESTRUCTION - AVOID
MILITARILY UNIMPORTANT TARGETS
COMPLEMENTS AND SUPPORTS THE
PRINCIPLES OF WAR

103. 103
LAW OF ARMED LAW OF ARMED
CONFLICTCONFLICT
LAW BASED LARGELY ON THE DISTINCTION BETWEEN
COMBATANTS AND NON COMBATANTS .
COMBATANTS
REGULAR AND IRREGULAR FORCES. SUBJECT TO
INTERNAL MILITARY DISCIPLINE
NON COMBATANTS
CIVILIAN POPULATION
MEDICAL CORPS
CIVILIAN WAR CORRESPONDENTS
SICK, WOUNDED, CAPTURED, SHIPWRECKED ARMED
FORCES PERSONNEL
FORBIDDEN TO MAKE NON COMBATANTS THE OBJECT OF
ATTACK

104. 104
ILLEGAL COMBATANTSILLEGAL COMBATANTS
PERSONS WHO TAKE PART IN COMBAT
OPERATIONS WITHOUT DISTINGUISHING
THEMSELVES FROM CIVILIAN POPULATION
SUBJECT TO PUNISHMENT UPON CAPTURE
IF SO DETERMINED BY COMPETENT
TRIBUNAL OF CAPTOR NATION MAY BE
DENIED ‘POW’ STATUS
GENERALLY ACCORDED “POW’ STATUS IF
CARRYING ARMS OPENLY AT TIME OF
CAPTURE

105. 105
ENFORCEMENT OF LAW OF ARMED CONFLICT
PUBLICISE THE FACTS
PROTEST OF THE OFFENDING NATION
SEEK THE INTERVENTION OF A NEUTRAL
PARTY
EXECUTE A REPRISAL ACTION
PUNISH INDIVIDUAL OFFENDERS

106. 106

107. 107
PRINCIPLES OF LAWFUL TARGETTINGPRINCIPLES OF LAWFUL TARGETTING
RIGHT OF BELLIGERENTS TO ADOPT
MEANS OF INJURING THE ENEMY IS NOT
UNLIMITED.
IT IS PROHIBITED TO LAUNCH ATTACKS
AGAINST THE CIVILIAN POPULATION.
DISTINCTION MUST BE MADE BETWEEN
COMBATANTS AND NON COMBATANTS.

108. 108
RIGHT NOT UNLIMITED
LAWS OF TARGETTING
•RIGHT NOT UNLIMITED EG - INDUSTRIES
ENGAGED IN MAKING WAR MUNITIONS
ARE LEGITIMATE TARGETS BUT
COLLATERAL DAMAGE MUST BE
MINIMAL
•CARPET BOMBING OF
CITIES IS UNLAWFULUNLAWFUL
DRESDEN WW II

109. 109
DISTINCTION
BETWEEN
COMBATANTS
AND NON
COMBATANTS
MUST BE MADE
AND TARGETTING
CIVILIANS IS
PROHIBITED
LAW OF TARGETTING
TARGET LEGITIMACY
WOMEN AND
CHILDREN FACE
THE FIRING
SQUAD - WW II

110. 110
TYPES OF TARGETSTYPES OF TARGETS
MILITARY TARGETS
EFFECTIVELY CONTRIBUTE TO ENEMY’S WAR
FIGHTING CAPABILITY
ECONOMIC TARGETS
EFFECTIVELY SUPPORT/SUSTAIN ENEMY’S WAR
FIGHTING CAPABILITY
CIVILIAN TARGETS
LAW OF TARGETTINGLAW OF TARGETTING

111. 111
ENEMY VESSELS & AC EXEMPT
FROM ATTACK
HOSPITAL SHIPS
SMALL CRAFT USED FOR COASTAL RESCUE OPERATIONS AND OTHER
MEDICAL TRANSPROTS
VESSELS GRANTED SAFE CONDUCT BY AGREEMENT BETWEEN THE
BELLIGERENT PARTIES INCLUDING :
. CARTEL VESSELS, E.G., VESSELS DESIGNATED FOR AND
ENGAGED IN THE TRANSPORT OF PRISONERS OF WAR;
. VESSELS ENGAGED IN HUMANITARAIAN MISSIONS, INCLUDING
VESSELS CARRYING SUPPLIES INDISPENSABLE TO THE SURVIVAL OF
THE CIVILIAN POPULATION, AND VESSELS ENGAGED IN RELIEF
ACTIONS AND RESCUE OPERATIONS;
.VESSELS ENGAGED IN TRANSPORTING CULTURAL PROPERTY UNDER
SPECIAL PROTECTION
.PASSENGER VESSELS WHEN ENGAGED ONLY IN CARRYING CIVILIAN
PASSANGERS

112. 112
ENEMY VESSELS & AC EXEMPT
FROM ATTACK

VESSELS CHARGED WITH RELIGIOUS, NON-MILITARY SCIENTIFIC VESSELS CHARGED WITH RELIGIOUS, NON-MILITARY SCIENTIFIC
OR PHILANTHROPIC MISSIONS; VESSELS COLLECTING SCIENTIFIC OR PHILANTHROPIC MISSIONS; VESSELS COLLECTING SCIENTIFIC
DATA OF LIKELY MILITARY APPLICATIONS ARE NOT PROTECTED;DATA OF LIKELY MILITARY APPLICATIONS ARE NOT PROTECTED;

SMALL COASTAL FISHING VESSELS AND SMALL BOATS ENGAGED SMALL COASTAL FISHING VESSELS AND SMALL BOATS ENGAGED
IN LOCAL COASTAL TRADE, BUT THEY ARE SUBJECT TO THE IN LOCAL COASTAL TRADE, BUT THEY ARE SUBJECT TO THE
REGULATIONS OF A BELLIGERENT NAVAL COMMANDER REGULATIONS OF A BELLIGERENT NAVAL COMMANDER
OPERATING IN THE AREA AND TO INSPECTION;OPERATING IN THE AREA AND TO INSPECTION;

VESSELS DESIGNED OR ADAPTED EXCLUSIVELY FOR RESPONDING VESSELS DESIGNED OR ADAPTED EXCLUSIVELY FOR RESPONDING
TO POLLUTION INCIDENTS IN THE MARINE ENVIRONMENT;TO POLLUTION INCIDENTS IN THE MARINE ENVIRONMENT;

VESSELS WHICH HAVE SURRENDERED;VESSELS WHICH HAVE SURRENDERED;

LIFE RAFTS AND LIFE BOATS. LIFE RAFTS AND LIFE BOATS.

113. 113
GENERAL RULES OF BOMBARDMENT
WANTON DESTRUCTION OF CIVILIAN HABITATION
PROHIBITED
BOMBING FOR TERRORISING PROHIBITED
UNDEFENDED CITIES/DEMILITARISED ZONES
SPECIAL HOSPITAL & NEUTRALISED ZONES
MEDICAL FACILITIES
RELIGIOUS, CULTURAL, AND CHARITABLE
BUILDINGS AND MONUMENTS
DAM AND DIKES
WARNING BEFORE BOMBARDMENT

114. 114
LAW OF LAW OF
NEUTRALITYNEUTRALITY

115. 115
THE LAW OF NEUTRALITY
DEFINES THE LEGAL RELATIONSHIP
BETWEEN NATIONS ENGAGED IN AN
ARMED CONFLICT (BELLIGERENTS) AND
NATIONS SEEKING TO AVOID DIRECT
INVOLVEMENT IN SUCH HOSTILITIES
(NEUTRALS)

116. 116
THE LAW OF NEUTRALITY
BELLIGERENT NATION – ‘A NATION ENGAGED
IN AN INTERNATIONAL ARMED CONFLICT
WHETHER OR NOT A FORMAL DECLARATION
OF WAR HAS BEEN ISSUED’
NEUTRAL NATION .:- ‘A NATION THAT HAS
PROCLAIMED ITS NEUTRALITY OR HAS
OTHERWISE ASSUMED NEUTRAL STATUS
WITH RESPECT TO AN ONGOING CONFLICT’

117. 117
NEUTRAL TERRITORIAL SEANEUTRAL TERRITORIAL SEA
ALL ACTS OF HOSTILITY IN
NEUTRAL TERRITORIAL SEA
PROHIBITED
DUTY OF NEUTRAL NATION TO
PREVENT USE OF ITS
TERRITORIAL SEA AS
SANCTUARY OR BASE BY EITHER
BELLIGERENT

118. 118
NEUTRAL TERRITORIAL
SEA
IF NEUTRAL NATION UNABLE / UNWILLING
TO ENFORCE AGGRIEVED BELLIGERENT
MAY
RESORT TO ACTS OF HOSTILITY
AGAINST ENEMY FORCES IN NEUTRAL
SEA
ACT IN SELF DEFENSE WHEN
ATTACKED OR THREATENED WITH
ATTACK WHILE IN NEUTRAL
TERRITORIAL SEA

119. 119
LAW OF ARMED CONFLICT OR
LAW OF WAR
ROE
RULES OF ENGAGEMENT AND THE LAW OF
ARMED CONFLICT
INTERNATIONAL LAW