A warship and an auxiliary warship (collectively referred to as a “warship”) are special classes of ships exempt from many UNCLOS requirements (SOCA, ss. 32, 236). The United Nations Convention on the Law of the Sea defines a “warship” as “a ship of the armed forces of a State bearing the external markings identifying such ships of its nationality, under the command of an officer duly appointed by the Government of the State, whose name appears on the relevant service list or equivalent; and with a crew subject to the discipline of the armed forces.” (LOSC Art. 29). A frigate, a national training ship, an oil tanker, a nuclear-powered vessel and a submarine are some examples of ships that enjoy immunity as warships under the Convention on the Law of the Sea (LOSC arts. 20, 22 and 23; see also the case “Ara Libertad” (Argentina v. Ghana), Case No. 20, International Tribunal for the Law of the Sea, Order of 15 December 2012, Judges R. Wolfrum and J.-P. Baby cot). The United Nations Convention on the Law of the Sea protects the sovereign immunity of such State ships against interference by authorities other than the flag State (LOSC, arts. 32, 95, 236). In practice, this means that a warship and its crew cannot be subject to boarding, inspection, investigation, detention, arrest or other coercive, disciplinary or judicial measures taken by authorities other than the flag State (LOSC Art.

97). The immunity of a warship from the jurisdiction of a coastal state has long been recognized by the international community and the United States as customary international law (see, for example, Argentina-Ghana Agreement, Permanent Court of Arbitration, 27 September 2013); Republic v. High Court of Ghana (Comm. Div.) Accra, No. J5/10/2013 (Supreme Court of Ghana, ex parte order, 20 June 2013); Schooner Exchange v. McFadden,11 U.S. (7 Ranch) 116 (1812)). In doing so, the international community and the United States recognize that the exercise of jurisdiction and law enforcement against military means such as a warship carries inherent risks of generating military conflict or undermining the national security and independence of a State. Accordingly, the sovereign immunity of the coastal State is granted to a foreign host country on grounds of public order, international comity and clemency (The Republic v. High Court Ghana (Comm. Div.) Accra, No.

J5/10/2013 (Supreme Court of Ghana, ex parte order, 20 June 2013);); Schooner Exchange v. McFadden,11 U.S. (7 Ranch) 116)). Although a warship is generally immune from the jurisdiction of the coastal State, there are exceptions. A warship exercising the right of innocent passage through the territorial waters, in particular the territorial sea, the waters of the archipelago and the strait, of a coastal State must comply with the navigational, customs, tax, immigration and health laws and regulations of the coastal State (LOSC arts. 19, 45, 52). During peaceful passage, a warship is prohibited from threatening or using force against the coastal State, conducting weapons exercises, gathering military information or conducting maritime research or surveying, disseminating propaganda, launching or boarding aircraft or military equipment, fishing or deliberately or seriously polluting the territorial sea (LOSC Art. 19). Failure by the warship to comply with the laws of a coastal State or the commission of any other act deemed prejudicial to peace and security may expose the flag State to international liability for any damage or loss resulting therefrom and provide the coastal State with remedies that require (at a minimum) the warship to leave sovereign waters or (at most) the lawful use of force in the purposes: self-defence (LOSC ss.

25, 31). The criteria for the lawful use of force and self-defence are set out in the International Court of Justice, Military and Paramilitary Activities in and against Nicaragua (Nicaragua v. United States) (Merits), 27 June 1986, pp. 165-67. {Back to introduction} The Convention also extends the sovereign immunity from jurisdiction of the coastal State to any ship owned or operated by a State and used solely for non-commercial government services (LOSC, arts. 32, 96, 236). Like warships, the provisions of the United Nations Convention on the Law of the Sea on the protection and conservation of the marine environment do not apply to State-owned or operated vessels currently used solely for non-commercial governmental services (LOSC, article 236). Non-commercial ships operated by the Crown or operated are also subject to the same potential responsibilities, obligations and obligations (in case of non-compliance) as warships (LOSC arts. 32, 96, 236). {Back to introduction} War. Violent conflict; or the art of paralyzing the forces of an enemy. 2.

It is public or private. The latter is not mentioned here. 3. Public war is either civil or national. Civil war is that between two parties, citizens or members of the same state or nation. National war is a struggle between two or more independent nations waged by the authority of their respective governments. 4. War is not only an act, but a state or condition, for it is said that nations are at war not only when their armies are deployed to be in real conflict, but also when they have a dispute or quarrel between them which they are determined to decide by the use of force. and have declared publicly or by their actions their determination to do so.

5. National wars are called offensive or defensive. War is offensive on the part of the government, which commits the first act of violence; it is defensive on the part of the government that receives such action; But it is very difficult to say what the first act of violence is. When a nation feels threatened with attack, its first act of violence to prevent such an attack is considered defensive. 6. To legalize war, it must be declared by the branch of government to which the Constitution confers this power.