Commander’s Handbook

Question 1

Definition: International Waters

Answer 1

For operational purposes, international waters include all ocean areas not subject to the 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. International waters include contiguous zones, economic exclusion zones, and high seas.

Question 2

Definition: Internal Waters

Answer 2

Internal waters are landward of the baseline from which the territorial sea is measured.

Question 3

Definition: Territorial Seas

Answer 3

The territorial sea is a belt of ocean that is measured seaward up to 12 nautical miles from the baseline of the coastal nation and subject to its sovereignty. Ships enjoy the right of innocent passage in the territorial sea. Innocent passage does not include a right for aircraft overflight of the territorial sea.

Question 4

Definition: Contiguous Zones

Answer 4

A contiguous zone is an area extending seaward from the baseline up to 24 nautical miles in which the coastal nation may exercise the 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, in the contiguous zone.

Question 5

Definition: Exclusive Economic Zone

Answer 5

An Exclusive Economic Zones (EEZ) is a resource-related zone adjacent to the territorial sea—where a State has certain sovereign rights (but not sovereignty) and may not extend beyond 200 nautical miles from the baseline. Ships and aircraft enjoy high seas freedoms, including overflight, in the EEZ.

Question 6

Definition: High Seas

Answer 6

The high seas include all parts of the ocean seaward of the EEZ.

Question 7

Artificial Islands and Offshore Installations

How far do safety zones extend?

Answer 7

Artificial islands and offshore installations have no territorial sea of their own. In the case of artificial islands, installations, and structures located in the exclusive economic zones 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 question, except as otherwise authorized by generally accepted international standards.

Question 8

Definition: Airspace

Difference between national and international?

Answer 8

Under international law, airspace is classified as either national airspace (that over the land, internal waters, archipelagic waters, and territorial seas of a nation) or international airspace (that over contiguous zones, exclusive economic zones, the high seas, and territory not subject to the sovereignty of any nation). Subject to a right of overflight of international straits (see paragraph 2.5.3) and archipelagic sea lanes (see paragraph 2.5.4.1), each nation has complete and exclusive sovereignty over its national airspace. Except as nations may have otherwise consented through treaties or other international agreements, the aircraft of all nations are free to operate in international airspace without interference by other nations.

Question 9

Definition: Military Aircraft

Answer 9

Military aircraft 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 unmanned aerial vehicles.

Question 10

Military Aircraft International Status

What rights do they have?

Answer 10

Military aircraft are “State aircraft” within the meaning of the Convention on International Civil Aviation of 1944 (the “Chicago Convention”), and, like warships, enjoy sovereign immunity from foreign search and inspection. Subject to the right of transit passage, archipelagic sea lanes passage, and entry in distress.

Question 11

May Military aircraft enter national airspace/land in a sovereign territory without authorization?

May they be boarded?

Answer 11

State aircraft may not enter national airspace (see paragraph 1.9) 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 commander 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 12

International Straits and Transit Passage

Answer 12

Straits that are used for international navigation between one part of the high seas or an exclusive economic zone and another part of the high seas or an exclusive economic zone are subject to the legal regime of transit passage.

Transit passage exists throughout the entire strait (shoreline-to-shoreline) and not just the area overlapped by the territorial sea of the coastal nation(s). Under international law, the ships and aircraft of all nations, including warships, auxiliary vessels, and military aircraft, enjoy the right of unimpeded transit passage through such straits and their approaches.

Question 13

What is transit passage?

Answer 13

Transit passage is defined as the 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. Ships and aircraft, while exercising the right of transit passage, shall: (a) proceed without delay through or over the strait; (b) refrain from any threat or use of force against the sovereignty, territorial integrity, or political independence of States bordering the strait and, (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.

Question 14

May we launch, use our radar/ESM in transit passage?

Answer 14

Surface warships may transit in a manner consistent with sound navigational practices and the security of the force, including the use of their electronic detection and navigational devices such as radar, sonar and depth-sounding devices, formation steaming, and the launching and recovery of aircraft. Submarines are free to transit international straits submerged, since that is their normal mode of operation.

Question 15

What is innocent passage?

Answer 15

Outside of archipelagic sea lanes, all ships, including warships, enjoy the more limited right of innocent passage throughout archipelagic waters just as they do in the territorial sea. Launching and recovery of aircraft are not allowed, nor may weapons exercises be conducted. Passage is innocent so long as it is not prejudicial to the peace, good order, or security of the coastal nation.

Question 16

Archipelagic Sea Lanes Passage

Answer 16

All ships and aircraft, including warships and military aircraft, enjoy the right of archipelagic sea lanes passage while transiting through, under, or over archipelagic waters and adjacent territorial seas via all routes normally used for international navigation and overflight. Archipelagic sea lanes passage is defined under international law as the 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, by the ships and aircraft involved. The right of archipelagic sea lanes passage is substantially identical to the right of transit passage through international straits.

When archipelagic sea lanes are properly designated by the archipelagic nation, the following additional rules apply:
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 archipelagic waters, to the point of exit from the territorial sea beyond.
Ships and aircraft engaged in archipelagic sea lanes passage through such designated sea lanes are required to remain within 25 nautical miles either side of the axis line and must approach no closer to the coastline than 10 percent of the distance between the points on islands bordering the sea lane and the axis line.

Question 17

Coastal Security Zones

Answer 17

Some coastal nations have claimed the right to establish military security zones, beyond the territorial sea, of varying breadth in which they purport to regulate the activities of warships and military aircraft of other nations by such restrictions as prior notification or authorization for entry, limits on the number of foreign ships or aircraft present at any given time, prohibitions on various operational activities, or complete exclusion. International law does not recognize the right of coastal nations to establish zones during peacetime that would restrict the exercise of nonresource-related high seas freedoms beyond the territorial sea. Accordingly, the United States 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 18

Assistance Entry (Persons in Distress)

Answer 18

All ship and aircraft commanders have an obligation to assist those in danger of being lost at sea. This long-recognized duty of mariners permits assistance 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. This right applies only when the location of the danger or distress is reasonably well known. It does not extend to entering the territorial sea or superjacent airspace to conduct a search, which requires the consent of the coastal nation.

Question 19

Duty of Naval Commanders (Persons in Distress)

Answer 19

US Navy Regulations, 1990, Article 0925, requires that, insofar as he can do so without serious danger to his ship or crew, the commanding officer or senior officer present, as appropriate, 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 20

Per OPORD 201 (Persons in Distress)

Answer 20

US naval vessels and aircraft are authorized to enter PSAs and claimed TTS of foreign states, even in the absence of approval from higher authority, to render immediate assistance to persons, ships, or aircraft in danger of being lost or in distress. Do so overtly. The right of assistance entry only extends to immediate assistance when the location is reasonably certain. Exception nations are …
When conducting rescue inside Military Security Zone of North Korea, does not require prior permission of United Nations Command but rather must be notified.

Question 21

What is asylum?

Answer 21

International law recognizes the right of a nation to grant asylum to foreign nationals already present within or seeking admission to its territory. The United States defines “asylum” as “Protection and sanctuary granted by the United States 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 a decision reserved to higher authority.

Question 22

Granting asylum in international waters/US territories and in foreign territories

Answer 22

International waters or U.S. territories: Any person requesting asylum in international waters or in territories and internal waters under the jurisdiction of the United States will be received on board any U.S. Navy or Marine Corps aircraft, vessel, activity or station (this does not include Coast Guard vessels).

Foreign territories: Commanders of U.S. warships, military aircraft and military installations in territories under foreign jurisdiction are not authorized to receive on board foreign nationals seeking asylum.

Question 23

When can a refugee be expelled?

Answer 23

Expulsion or surrender: A refugee may not be expelled or returned in any manner whatsoever to the frontier or territories of a nation where his life or freedom would be threatened on account of his race, nationality, political opinion, or membership in a particular social group, 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. This obligation applies only to persons who have entered territories under the exclusive jurisdiction of the U.S. and does not apply to temporary refuge granted abroad.

Question 24

What is temporary refuge?

Answer 24

SECNAVINST 5710.22 defines temporary refuge as “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.”

Question 25

What is US policy on temporary refuge?

Answer 25

SECNAVINST 5710.22 defines temporary refuge as “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.”

Question 26

When can temporary refuge be terminated?

Answer 26

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

Question 27

Quarantine as it pertains to US vessels and aircraft?

Answer 27

Article 0859, U.S. Navy Regulations, 1990, requires that the commanding officer or aircraft commander of a ship or aircraft comply with quarantine regulations and restrictions. While commanding officers and aircraft commanders shall not permit inspection of their vessel or aircraft, they shall afford every other assistance to health officials, U.S. or foreign, and shall give all information required, insofar as permitted by the requirements of military necessity and security.

Question 28

What is the Right of Approach and Visit?

Answer 28

However, under international law, 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 encountered is itself a warship or government vessel of another nation, it may be stopped, boarded, and the ship’s documents examined, provided there is reasonable ground for suspecting that it is:
Engaged in piracy (see paragraph 3.5);
Engaged in the slave trade (see paragraph 3.6);
Engaged in unauthorized broadcasting (see paragraph 3.7);
Without nationality (see paragraphs 3.11.2.3 and 3.11.2.4); or
Though flying a foreign flag, or refusing to show its flag, the vessel is, in reality, of the same nationality as the warship.

Question 29

Can we pursue pirates into territorial seas, archipelagic seas and airspace?

Answer 29

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

Question 30

What is a warning shot?

Answer 30

A warning shot is a signal—usually to warn 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 31

What is the Right of Self Defense?

What are Necessity and Proportionality?

Answer 31

The use of force in self-defense against an armed attack or the threat of imminent armed attack, rests upon two elements:
Necessity: The requirement that a use of force be in response to a hostile act or demonstration of hostile intent
Proportionality: The 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 U.S. forces.
Unit commanders always retain the inherent right and obligation to exercise unit self-defense in response to a hostile act or demonstrated hostile intent. Hostile intent is the threat of the imminent use of force against the United States, U.S. forces, or other designated persons or property.

Question 32

Principle of Military Necessity

Answer 32

The principle of military necessity 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 33

Principle of Distinction

Answer 33

The principle of distinction is concerned with distinguishing combatants from civilians and military objects from civilian objects so as to minimize damage to civilians and civilian objects.

Question 34

Principle of Proportionality

Answer 34

The principle of proportionality requires a commander to conduct a balancing test to determine if the expected incidental injury resulting from an attack, including harm to civilians and damage to civilian objects, would be excessive in relation to the concrete and direct military advantage anticipated to be gained from the attack. Directly linked to the principle of distinction.

Question 35

Principle of Humanity

Answer 35

Humanity may be defined as the principle that forbids the infliction of suffering, injury, or destruction unnecessary to accomplish a legitimate military purpose. The principle of humanity prohibits the use of arms, projectiles, or material calculated to cause unnecessary suffering to combatants. Because this principle is difficult to apply in practice, it is usually addressed through treaties or conventions that limit or restrict the use of specific weapons.

Question 36

Principle of Honor

Answer 36

Honor demands a certain amount of fairness in offense and defense, and a certain mutual respect between opposing forces. in requiring a certain amount of fairness in offense and defense, honor reflects the principle that parties to a conflict must accept that certain limits exist on their ability to conduct hostilities. Honor prohibits the killing or wounding of the enemy by resort to perfidy; the misuse of certain signs; fighting in the enemy’s uniform; feigning non-hostile relations in order to seek a military advantage; and compelling nationals of a hostile party to take part in direct war against their own country.

Question 37

Who are combatants?

Answer 37

Combatants are persons engaged in hostilities during an armed conflict. Combatants can be lawful or unlawful.

Question 38

Who are lawful enemy combatants?

Answer 38

Lawful enemy combatants 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.

Lawful combatants are entitled to combatant immunity—that is, they cannot be prosecuted for their lawful military actions prior to capture.

Question 39

Who are unlawful enemy combatants?

Answer 39

Unlawful enemy combatants are persons not entitled to combatant immunity, who engage in acts against the United States or its coalition partners in violation of the laws and customs of war during armed conflict.

Question 40

Who are non-combatants?

Answer 40

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