Commander's Handbook

Question 1

International Waters

Answer 1

Include all ocean areas not subject to territorial sovereignty of any nation.

All waters seaward of the territorial sea are international waters in which the high seas freedoms of navigation and overflight are preserved to the international community.

Include: contiguous zones, exclusive economic zones and high seas

Question 2

Internal Waters

Answer 2

Landward of the baseline from which the territorial sea is measured

Question 3

Territorial Seas

Answer 3

Belt of ocean that is measured seaward up to 12nm from the baseline of the coastal nation and subject to its sovereignty.

Ships enjoy the right of innocent passage in the territorial sea–does NOT include a right for aircraft overflight of the territorial sea.

Question 4

Contiguous Zone

Answer 4

Area extending seaward from the baseline up to 24nm in which the coastal nation may exercise control necessary to prevent or punish infringement of its customs, fiscal, immigration and sanitary laws and regulations that occur within its territory or territorial sea.

Ships and aircraft enjoy high seas freedoms, including overflight

Question 5

Exclusive Economic Zone (EEZ)

Answer 5

Resource-related zone adjacent to the territorial sea–where a State has certain sovereign rights (but not sovereignty) and may not extend beyond 200nm from the baseline.

Ships and aircraft enjoy high seas freedoms, including overflight

Question 6

High Seas

Answer 6

All parts of the ocean seaward of the EEZ

Question 7

Artificial Islands and Offshore Installations

Answer 7

Have no territorial seas of their own. In the case they are located in the EEZ or on the continental shelf beyond the territorial sea, safety zones may not extend beyond 500 meters from the outer edges of the facility in questions, except as otherwise authorized by generally accepted international standards

Question 8

Airspace Defined

Answer 8

National airspace: over land, internal waters, archipelagic waters, and territorial seas of a nation; nation has complete and exclusive sovereignty

International airspace: over contiguous zones, exclusive economic zones, high seas, and territory not subject to the sovereignty of a nation

Except as nations may have otherwise consented through treaties or other international agreements, aircraft of all nations are free to operate in international airspace without interference by other nations.

Question 9

Military Aircraft

Answer 9

Include all aircraft operated by commissioned units of the armed forces of a nation bearing the military markings of that nation, commanded by a member of the armed forces, and manned by a crew subject to regular armed forces discipline, as well as UAVs.

“State Aircraft” within meaning of Convention on International Civil Aviation of 1944 (Chicago Convention), like warships, enjoy sovereign immunity from foreign search and inspection

Subject to right of transit passage, archipelagic sea lanes passage, and entry in distress.

State aircraft may not enter national airspace or land in the sovereign territory of another nation without its authorization. Foreign officials may not board the aircraft without the consent of the aircraft commander. Should the aircraft fail to certify compliance with local customs, immigration or quarantine requirements, the aircraft may be directed to leave the territory and national airspace of that nation immediately.

Question 10

International Straits and Transit Passage

Answer 10

Straits that are used for international navigation between one part of high seas or an EEZ and another part of high seas or an EEZ are subject to legal regime of transit passage

Exercise of the freedoms of navigation and overflight solely for the purpose of continuous and expeditious transit in the normal modes of operation utilized by ships and aircraft for such passage.

Shall:

a) proceed without delay through or over the straight
b) refrain from any threat or use of force against the sovereignty, territorial integrity or political independence of the states bordering the straight
c) refrain from any activities other than those incident to their normal modes of continuous and expeditious transit unless rendered necessary by force majeure or by distress

Surface warships may transit in a manner consistent with sound navigational practices and security of the force, including use of their electronic detection and navigational devices such as radar, sonar, depth-sounding devices, formation steaming, and launching and recovering of aircraft

Submarines are free to transit international straits submerged, since that is their normal mode of operation

Question 11

Innocent Passage

Answer 11

Launching and recovering of aircraft not allowed

Weapons exercises may not be conducted

Passage is innocent so long as it is not prejudicial to the peace, good order, or security of the coastal nation

Question 12

Archipelagic Sea Lanes Passage

Answer 12

Exercise of the freedom of navigation and overflight for the sole purpose of continuous, expeditious and unobstructed transit through archipelagic waters, in the normal modes of operations

When sea lanes are properly designated by the archipelagic nation, following rules apply:
1. Each such designated sea lane is defined by a continuous axis line from the point of entry into the territorial sea adjacent to the archipelagic waters, through those waters, to the point of exit from the territorial sea beyond

2. Ships and aircraft engaged in archipelagic sea lane passage through such designated sea lanes are required to remain within 25nm either side of the axis line and must approach no closer to the coastline than 10% of the distance between the points on islands bordering the sea lane and the axis line

Question 13

Coastal Security Zone

Answer 13

International law does not recognize the right of coastal nations to establish zone during peacetime that restrict exercise of non-resource related high seas freedoms beyond the territorial sea

US does not recognize the validity of any claimed security or military zone seaward of the territorial sea that purports to restrict or regulate the high seas freedoms of navigation and overflight

Question 14

Assistance Entry

Answer 14

All ship and aircraft commanders have an obligation to assist those in danger of being lost at sea.

This permits entry into the territorial sea by ships or, under certain circumstances, aircraft without permission of the coastal nation to engage in bona fide efforts to render emergency assistance to those in danger or distress at sea.

Only applies when the location of the danger or distress is reasonably well known; it does not extend to entering the territorial sea or superadjacent airspace to conduct a search, which requires consent fo the coastal nation.

Question 15

Duty of Naval Commanders

Answer 15

Insofar as he can do without serious dnager to his shipr or crew, the CO or senior officer present, shall proceed with all possible speed to the rescue of persons in distress if informed of their need for assistance (insofar as this can reasonably be expected of him); render assistance to any person found at sea in danger of being lost

Question 16

OPORD 201

Answer 16

US Naval vessels and aircraft are authorized to enter PSAs and claimed TTS or foreign states, even in absence of approval from higher authority, to render immediate assistance to those in danger of being lost at sea.

Must do so OVERTLY; only extends when location is reasonably certain.

Some excepted nations…

When conducting rescue inside Military Security Zone of North Korea, does not require permission of United Nations Command but they must be notified.

Question 17

Granting of Asylum

Answer 17

Protection and sanctuary granted by the US Government within its territorial jurisdiction or in international waters to a foreign national who applies for such protection because of persecution or fear of persecution on account of race, religion, nationality, membership in a particular social group, or political opinion.

Whether to grant asylum is decision reserved for higher authority.

International waters or US territory: will be received on board any US Navy or Marine Corps aircraft, vessel, activity or station (does not include Coast Guard)

Foreign territories: not authorized to receive on board foreign nationals seeking asylum.

Question 18

Temporary Refuge

Answer 18

Protection afforded for humanitarian reasons to a foreign national in a DOD shore installation, facility, or military vessel within the territorial jurisdiction of a foreign nation or in international waters, under conditions of urgency in order to secure the life or safety of that person against imminent danger, such as pursuit by a mob

Coast Guard vessels cannot grant temporary refuge.

Once a Navy or Marine Corps unit has granted temporary refuge, protection may be terminated only when directed by SECNAV or higher authority.

Question 19

Expulsion or Surrender

Answer 19

Refugee may not be expelled or returned in any manner whatsoever unless he may reasonably be regarded as a danger to the security of the country of asylum or has been convicted of a serious crime and is a danger to the community of that country.

Applies only to persons who have entered territories under the exclusive jurisdiction of the US and does NOT apply to temporary refuge granted abroad.

Question 20

Quarantine

Answer 20

Commanding officers of ships and aircraft are required to comply with quarantine regulations and restrictions. While commanders shall not permit inspection of their vessel or aircraft, they shall afford every other assistance to health officials, US or foreign, and shall give all information required, insofar as permitted by requirements of military necessity and security.

Question 21

Right of Approach and Visit

Answer 21

A warship, military aircraft or other duly authorized ship or aircraft may approach any vessel in international waters to verify its nationality. Unless the vessel itself is a warship or government vessel of another nation, it may be stopped, boarded and ship’s documents examined provided there is reasonable ground for suspecting it is::

1. Engaged in piracy
2. Engaged in the slave trade
3. Engaged in unauthorized broadcasting
4. Without nationality
5. Though flying a foreign flag, or refusing to show its flag, the vessel is of the same nationality as the warship

Question 22

Pursuit of Pirates

Answer 22

If a pirate vessel fleeing from pursuit proceeds from international waters or airspace into the territorial sea, archipelagic waters, or superadjacent airspace of another country, every effort should be made to obtain the consent of the nation having sovereignty to continue pursuit. However, the international nature of the crime may allow continuation of pursuit if contact cannot be established in a timely manner to obtain consent

Question 23

Warning Shot

Answer 23

Is a signal–usually to warn off an offending vessel to stop or maneuver in a particular manner or risk the employment of disabling fire or more severe measures

Under international law, warning shots do not constitute a use of force

Question 24

Right of Self Defense

Answer 24

Use of force in self-defense rests upon two elements:

1. Necessity: requirement that a use of force be in response to a hostile act or demonstration of hostile intent
2. Proportionality: requirement that the use of force be in all circumstances limited in intensity, duration and scope to that which is reasonably required to counter the attack or threat of attack and to ensure the continued safety of US forces

Unit commanders always retain inherent right and obligation to exercise unit self-defense in response to hostile act or demonstrated hostile intent

Question 25

Hostile Intent

Answer 25

Threat of the imminent use of force against the US, US forces, or other designated persons or property.

Question 26

Principle of Military Necessity

Answer 26

Recognizes that force resulting in death and destruction will have to be applied to achieve military objectives, but its goal is to limit suffering and destruction to that which is necessary to achieve a valid military objective

Question 27

Principle of Distinction

Answer 27

Is concerned with distinguishing combatants from civilians and military objects from civilian objects so as to minimize damage to civilians and civilian objects

Question 28

Principle of Proportionality

Answer 28

Is concerned with weighing the military advantage one expects to gain against the unavoidable and incidental loss to civilians and civilian property that will result from the attack

Question 29

Principle of Unnecessary Suffering

Answer 29

Prohibits the use of arms, projectiles, or material calculated to cause unnecessary suffering to combatants. Usually addressed through treaties or conventions that limit or restrict the use of specific weapons

Question 30

Combatants

Answer 30

Persons engaged in hostilities during an armed conflict

Two kinds: Lawful and Unlawful

Question 31

Lawful Combatants

Answer 31

Include members of the regular armed forces of a State party to the conflict; militia, volunteer corps, and organized resistance movements belonging to a State party to the conflict, which are under responsible command, wear a fixed distinctive sign recognizable at a distance, carry their arms openly, and abide by the laws of war; and members of regular armed forces who profess allegiance to a government or an authority not recognized by the detaining power

Entitled to combatant immunity–cannot be prosecuted for their lawful military actions prior to capture

Question 32

Unlawful Combatants

Answer 32

Persons not entitled to combatant immunity, who egnage in acts against the US or its coalition partners in violation of the laws and customs of war during armed conflict

Question 33

Noncombatants

Answer 33

Those members of the armed forces who do not take direct part in hostilities because of their status as medical personnel and chaplains