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"РУКОВОДСТВО САН-РЕМО ПО МЕЖДУНАРОДНОМУ ПРАВУ, ПРИМЕНИМОМУ К ВООРУЖЕННЫМ КОНФЛИКТАМ НА МОРЕ" [рус., англ.] (Принято в г. Сан-Ремо 12.06.1994)





ED CONFLICTS AND THE LAW OF SELF-DEFENCE

3. The exercise of the right of individual or collective self-defence recognized in Article 51 of the Charter of the United Nations is subject to the conditions and limitations laid down in the Charter, and arising from general international law, including in particular the principles of necessity and proportionality.
4. The principles of necessity and proportionality apply equally to armed conflict at sea and require that the conduct of hostilities by a State should not exceed the degree and kind of force, not otherwise prohibited by the law of armed conflict, required to repel an armed attack against it and to restore its security.
5. How far a State is justified in its military actions against the enemy will depend upon the intensity and scale of the armed attack for which the enemy is responsible and the gravity of the threat posed.
6. The rules set out in this document and any other rules of international humanitarian law shall apply equally to all parties to the conflict. The equal application of these rules to all parties to the conflict shall not be affected by the international responsibility that may have been incurred by any of them for the outbreak of the conflict.

Section III

ARMED CONFLICTS IN WHICH THE SECURITY COUNCIL
HAS TAKEN ACTION

7. Notwithstanding any rule in this document or elsewhere on the law of neutrality, where the Security Council, acting in accordance with its powers under Chapter VII of the Charter of the United Nations, has identified one or more of the parties to an armed conflict as responsible for resorting to force in violation of international law, neutral States:
a) are bound not to lend assistance other than humanitarian assistance to that State; and
b) may lend assistance to any State which has been the victim of a breach of the peace or an act of aggression by that State.
8. Where, in the course of an international armed conflict, the Security Council has taken preventive or enforcement action involving the application of economic measures under Chapter VII of the Charter, Member States of the United Nations may not rely upon the law of neutrality to justify conduct which would be incompatible with their obligations under the Charter or under decisions of the Security Council.
9. Subject to paragraph 7, where the Security Council has taken a decision to use force, or to authorize the use of force by a particular State or States, the rules set out in this document and any other rules of international humanitarian law applicable to armed conflicts at sea shall apply to all parties to any such conflict which may ensue.

Section IV

AREAS OF NAVAL WARFARE

10. Subject to other applicable rules of the law of armed conflict at sea contained in this document or elsewhere, hostile actions by naval forces may be conducted in, on or over:
a) the territorial sea and internal waters, the land territories, the exclusive economic zone and continental shelf and, where applicable, the archipelagic waters, of belligerent States;
b) the high seas; and
c) subject to paragraphs 34 and 35, the exclusive economic zone and the continental shelf of neutral States.
11. The parties to the conflict are encouraged to agree that no hostile actions will be conducted in marine areas containing:
a) rare or fragile ecosystems; or
b) the habitat of depleted, threatened or endangered species or other forms of marine life.
12. In carrying out operations in areas where neutral States enjoy sovereign rights, jurisdiction, or other rights under general international law, belligerents shall have due regard for the legitimate rights and duties of those neutral States.

Section V



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