Visit and Search

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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.

Warship ship that is built and primarily intended for combat

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.

Merchant ship civilian boat or ship that transports cargo or carries passengers for hire

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.

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Declaration of London

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.

Prize court

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.

Second Boer War war between South African Republic and the United Kingdom

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.

U.S. Navy

According to the U.S. Navy,

"Under the law of armed conflict, belligerent warships or aircraft may visit and search a merchant vessel for the purpose of determining its true character, i.e., enemy or neutral, nature of cargo, manner of employment, and other facts bearing on its relation to the conflict. Such visits occur outside neutral territorial seas. This right does not extend to visiting or searching warships or vessels engaged in government non-commercial service. In addition, neutral merchant vessels in convoy of neutral warships are exempt from visit and search, although the convoy commander may be required to certify the neutral character of merchant vessels' cargo."

See also

Related Research Articles

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Merchant raider type of warship disguised as a non-militant

Merchant raiders are armed commerce raiding ships that disguise themselves as non-combatant merchant vessels.

Armed merchantman merchant ship equipped with guns, usually for defensive purposes, either by design or after the fact

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.

German tanker <i>Altmark</i> German tanker

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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.

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Prize (law) law

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.

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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.

Battle of Tellicherry

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.

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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.

SS <i>Fort Stikine</i> British Fort ship

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References

  1. Barclay 1911.
  2. Declaration concerning the Laws of Naval War, icrc.org.
  3. Wikisource-logo.svg One or more of the preceding sentences incorporates text from a publication now in the public domain :  Barclay, Thomas (1911). "Search". In Chisholm, Hugh. Encyclopædia Britannica . 24 (11th ed.). Cambridge University Press. p. 560.