Visit and Search is the right of a belligerent warship, under certain conditions, to board a neutral merchant ship in order to verify its true character. The term probably refers to a misunderstanding of the French word visite, which in this context simply means search. [1]
A belligerent is an individual, group, country, or other entity that acts in a hostile manner, such as engaging in combat. Belligerent comes from Latin, literally meaning "one who wages war". Unlike the use of belligerent as an adjective to mean aggressive, its use as a noun does not necessarily imply that a belligerent country is an aggressor.
A warship or combatant ship is a naval ship that is built and primarily intended for naval warfare. Usually they belong to the armed forces of a state. As well as being armed, warships are designed to withstand damage and are usually faster and more manoeuvrable than merchant ships. Unlike a merchant ship, which carries cargo, a warship typically carries only weapons, ammunition and supplies for its crew. Warships usually belong to a navy, though they have also been operated by individuals, cooperatives and corporations.
A merchant ship, merchant vessel, trading vessel, or merchantman is a watercraft that transports cargo or carries passengers for hire. This is in contrast to pleasure craft, which are used for personal recreation, and naval ships, which are used for military purposes.
The regulation of naval search during time of war was codified as part of the Declaration of London (1903). However, no state ratified the declaration so it had no force in international law. [2]
The London Declaration concerning the Laws of Naval War is an international code of maritime law, especially as it relates to wartime activities, proposed in 1909 at the London Naval Conference by the leading European naval powers, the United States and Japan, after a multinational conference that occurred in 1908 in London. The declaration largely reiterated existing law, but dealt with many controversial points, including blockades, contraband and prize, and showed greater regard to the rights of neutral entities.
The intent of the declaration was as follows. The right of search belongs to belligerents alone. Its object is to verify the nationality of the vessel and if neutral to ascertain whether it carries contraband. The consequence of resistance to search is capture and trial in a Prize court. Article 63 of the Declaration states that "Forcible resistance to the legitimate exercise of the right of stoppage, search and capture involves in all cases the condemnation of the vessel. The cargo is liable to the same treatment as the cargo of an enemy vessel. Goods belonging to the master or owner of the vessel are treated as enemy goods." At the Hague Convention of 1907, the question of the liability to search of mail-ships gave rise to much discussion based on incidents arising out of the Boer and Russo-Japanese Wars. It was ultimately decided under a separate article of the Hague conference that postal correspondence of neutrals and even of belligerents, and whether official or private, found on board a neutral or even an enemy ship should be "inviolable", and that though the ship should be detained, this correspondence had to be forwarded to its destination by the captor "with the least possible delay." The only exception to this exemption is correspondence destined for or proceeding from a blockaded port. As regards the mail-ships themselves, apart from this inviolability of the correspondence, no exemption or privilege is extended beyond the injunction that they should not be searched, except when absolutely necessary, and then only "with as much consideration and expedition as possible," which might just as well be said of all ships stopped or searched in international waters. [3]
The word contraband, reported in English since 1529, from Medieval French contrebande "a smuggling," denotes any item that, relating to its nature, is illegal to be possessed or sold.
A prize court is a court authorized to consider whether prizes have been lawfully captured, typically whether a ship has been lawfully captured or seized in time of war or under the terms of the seizing ship's letters of marque and reprisal. A prize court may order the sale or destruction of the seized ship, and the distribution of any proceeds to the captain and crew of the seizing ship. A prize court may also order the return of a seized ship to its owners if the seizure was unlawful, such as if seized from a country which had proclaimed its neutrality.
The Second Boer War was fought between the British Empire and two Boer states, the South African Republic and the Orange Free State, over the Empire's influence in South Africa. It is also known variously as the Boer War, Anglo-Boer War, or South African War. Initial Boer attacks were successful, and although British reinforcements later reversed these, the war continued for years with Boer guerrilla warfare, until harsh British counter-measures brought them to terms.
According to the U.S. Navy,
The law of war refers to the component of international law that regulates the conditions for war and the conduct of warring parties. Laws of war define sovereignty and nationhood, states and territories, occupation, and other critical terms of international law.
Merchant raiders are armed commerce raiding ships that disguise themselves as non-combatant merchant vessels.
An armed merchantman is a merchant ship equipped with guns, usually for defensive purposes, either by design or after the fact. In the days of sail, piracy and privateers, many merchantmen would be routinely armed, especially those engaging in long distance and high value trade.
The Paris Declaration Respecting Maritime Law of 16 April 1856 was a diplomatic policy agreed to by 55 nations. Written by France and Great Britain, its primary goal was to abolish privateering, whereby a belligerent party gave formal permission for armed privately owned ships to seize enemy vessels. It also regulated the relationship between neutral and belligerent and shipping on the high seas introducing new prize rules. They agreed on three major points: free ships make free goods, effective blockade, and no privateering. In return for surrendering the practice of seizing neutral goods on enemy ships, France insisted on Britain's abandoning its Rule of 1756 prohibiting neutral assumption of enemy coastal and colonial trade.
Angary is the name given to the right of a belligerent to seize and apply for the purposes of war any kind of property on belligerent territory, including that which may belong to subjects or citizens of a neutral state.
Altmark was a German oil tanker and supply vessel, one of five of a class built between 1937 and 1939. She is best known for her support of the German commerce raider, the "pocket battleship" Admiral Graf Spee and her subsequent involvement in the "Altmark Incident".
Napoleon I of France issued the Milan Decree on 17 December 1807 to enforce the Berlin Decree of 1806, which had initiated the Continental System. This system was the basis for his plan to defeat the British by waging economic warfare. The Milan Decree stated that no European country was to trade with the United Kingdom.
Pacific blockade is a term invented by Laurent-Basile Hautefeuille, a French writer on international maritime law, to describe a blockade exercised by a great power for the purpose of bringing pressure to bear on a weaker state without actual war. It can only be employed as a measure of coercion by maritime powers able to bring into action such vastly superior forces to those the resisting state can dispose of that resistance is out of the question.
The Union blockade in the American Civil War was a naval strategy by the United States to prevent the Confederacy from trading.
Freedom of navigation (FON) is a principle of customary international law that ships flying the flag of any sovereign state shall not suffer interference from other states, apart from the exceptions provided for in international law. This right is now also codified as article 87(1)a of the 1982 United Nations Convention on the Law of the Sea. Not all UN member states have ratified the convention; notably, the United States has signed, but not ratified the convention. However, the § United States enforces the practice; see below.
Prize is a term used in admiralty law to refer to equipment, vehicles, vessels, and cargo captured during armed conflict. The most common use of prize in this sense is the capture of an enemy ship and her cargo as a prize of war. In the past, the capturing force would commonly be allotted a share of the worth of the captured prize. Nations often granted letters of marque that would entitle private parties to capture enemy property, usually ships. Once the ship was secured on friendly territory, she would be made the subject of a prize case, an in rem proceeding in which the court determined the status of the condemned property and the manner in which the property was to be disposed of.
The term armed merchant ship may describe a number of similar ship modifications intended for significantly different missions. The term armed merchantman is generally used.
The Confederate privateers were privately owned ships that were authorized by the government of the Confederate States of America to attack the shipping of the United States. Although the appeal was to profit by capturing merchant vessels and seizing their cargoes, the government was most interested in diverting the efforts of the Union Navy away from the blockade of Southern ports, and perhaps to encourage European intervention in the conflict.
The first League of Armed Neutrality was an alliance of European naval powers between 1780 and 1783 which was intended to protect neutral shipping against the Royal Navy's wartime policy of unlimited search of neutral shipping for French contraband. British naval commanders followed their instructions with care, ordered away boarding parties and made seizures with impunity. Four-fifths of ships sailing, according to one estimate, made port in safety. But it was the loss of the other fifth which rankled. By September 1778, at least 59 ships were taken prize-8 Danish, 16 Swedish and 35 Dutch, not mentioning others from Prussia. Protests were enormous by every side involved.
The Battle of Tellicherry was a naval action fought off the Indian port of Tellicherry between British and French warships on 18 November 1791 during the Third Anglo-Mysore War. Britain and France were not at war at the time of the engagement, but French support for the Kingdom of Mysore in the conflict with the British East India Company had led to Royal Navy patrols stopping and searching French ships sailing for the Mysorean port of Mangalore. When a French convoy from Mahé passed the British port of Tellicherry in November 1791, Commodore William Cornwallis sent a small squadron to intercept the French ships.
Many legal assessments of the Gaza flotilla raid were published subsequent to the event. International law experts differed over the legality of the action by Israel. Most agree that Israel is entitled to impose and enforce a naval blockade, that Israel can intercept a ship in international waters headed for a belligerent territory, that Israel may use force when intercepting such ships, and that there must be a proportional relationship between the threat and response. The force necessary to respond to violent resistance and whether the force that was used was proportionate were disputed.
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."
The Steamship Appam, 243 U.S. 124 (1917), was a United States Supreme Court case in which the Court affirmed a lower court's decision to restore the British prize of a German warship to the British owners.
Fort Stikine was a British Fort ship which was built in Canada in 1942. Owned by the American War Shipping Administration, she was leased under charter to the Ministry of War Transport under the Lend-Lease scheme and operated under the management of the Port Line. Fort Stikine only had a short career, and was destroyed in an explosion at Bombay, India, in April 1944 that caused the loss of a further thirteen ships.