UN laws for warships on naval missions

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Source: CCTV.com | 12-27-2008 08:45

UN resolutions and international laws have provided the legal foundation for China's fleet to carry out its mission off the Somali coast.

According to these resolutions and laws, the fleet enjoys the right of passage, the right of visit, and the right of immunity during this mission.

UN resolutions and international laws have provided the legal foundation for China's fleet to carry out its mission off the Somali coast.(CCTV.com)

The UN's 1982 Convention on the Law of the Sea states that ships, including warships of all countries, enjoy what it terms "the right to innocent passage".

This means a ship has the right to enter and pass through a coastal state's territorial waters. The passage remains "innocent" so long as it does not affect the peace, order or security of that coastal state.

Another important right is the "right to immunity". A warship on the high seas enjoys complete immunity from the jurisdiction of any state other than its flag state.

A warship is also immune from seizure or arrest, whether in national or international waters, and is exempt from foreign taxes and administration.

The Convention also provides for the "right of visit" at sea. It says a warship or a military aircraft has the right to stop and visit a foreign ship on the high seas - assuming that ship is not entitled to complete immunity and is also suspected of being involved in acts such as piracy or the slave trade.

The warship may proceed to verify the ship's right to fly its flag. To this end, it may send a boat under the command of an officer to the suspected ship.

If suspicion remains after the documents have been checked, it may carry out further investigation on board the ship.

Editor:Zhang Pengfei