Right of Search
Introduction to Right of Search
Right of Search, in wartime, the right of a belligerent warship to stop neutral merchant vessels on the high seas in order to ascertain the nature of the cargo and the ownership of the vessel and thus determine its liability to capture. A belligerent in time of war has the right to capture the property of an enemy at sea and to seize so-called contraband of war. The right of search is regulated by international treaty.
According to current codes, the belligerent vessel must first make known its identity, notifying the neutral vessel of its intent to visit and search, usually by firing a gun. The neutral ship must then hoist its flag and stop. If the belligerent vessel encounters force or concealment in making its search, it may use force. If the search discloses facts that justify seizure of the vessel as a prize, the belligerent vessel need exercise only reasonable care in taking the prize into port. The claim by the British government of the right to search American vessels for deserters contributed to the outbreak of the War of 1812. The so-called navicert system, established during World War I, requires that ships of neutral countries carry identification certificates issued by representatives of the belligerent countries, the presentation of which would establish their neutrality and preclude the necessity for a search. The use of submarines and airplanes and the difficulties encountered in searching a large vessel made exercise of the right of search impractical at sea during World Wars I and II. As a result the Allies adopted the practice of ordering all neutral vessels to proceed to an Allied port for search.
In time of peace, ships of a state may stop and search foreign vessels on the high seas to the extent that it may be necessary in order to enforce the state’s rights of limited jurisdiction and control beyond its territorial waters. These rights include that of establishing and maintaining “contiguous zones” for the prevention and punishment of violations of national customs and fiscal, immigration, and sanitary regulations. Such zones extend to a distance of up to 12 nautical mi (22.22 km) from its coast. A state may establish and maintain exclusive fishery zones up to the same distance and regulate the exploration and exploitation of the natural resources of the continental shelf adjacent to the national coast. It may prevent and punish piracy and may also, under special treaties, provide for the protection of submarine cables.” (1)
Resources
Notes and References
- Information about Right of Search in the Encarta Online Encyclopedia
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