Maritime Interception Operations (MIO) Sample Clauses

Maritime Interception Operations (MIO). 135 Nations may desire to intercept vessels at sea in order to protect their national security interests. As discussed above, vessels in international waters are generally Nations Security Council has passed resolutions granting increased authorization for the international community to take an active part in the fight against piracy. See, e.g., S.C. Res. 1846, U.N. Doc. S/RES/1846 (Dec. 2, 2008) (broadening the international political support and legal capabilities to combat piracy off the Somali coast). S.C. Res. 1851, U.N. Doc. S/RES/1851 (Dec. 16, 2008) (authorizing states to take action against piracy safe xxxxxx on the shore in Somalia). However, pirate attacks declined sharply in 2013, due somewhat to the increased use of armed private security contractors by shipping companies. 125 UNCLOS III, art. 109. 126 Id. at art. 110. See also NWP 1-14M (2007), supra note 1, at para. 3.4. 127 Annotated NWP 1-14M, supra note 1, at 3-13. 128 Id. at 3-9 to 3-13. 129 Id. at 3-13 to 3-14. 130 Id. at 3-25. 131 Id. at 3-8. 132 UNCLOS III, art. 111; Annotated NWP 1-14M, supra note 1, at 3-21 to 3-23. 133 NWP 1-14M (2007), supra note 1, at para. 3.5.3.2. 134 UNCLOS III, art. 95. 135 See NWP 1-14M (2007), supra note 1, at para. 4.4.4. subject to the exclusive jurisdiction of their flag state. However, there are several legal bases available to conduct MIO, none of which are exclusive. Judge Advocates should be aware of the legal bases underlying the authorization of a MIO when advising a commander about such operations. Depending on the circumstances, one or a combination of the following bases can be used to justify permissive and non-permissive interference with suspect vessels: (1) MIO pursuant to a United Nations Security Council Resolution;136 (2) Flag state consent; 137 (3) Vessel Master’s consent;138 (4) Right of approach and visit;139 (5) Stateless vessels;140 (6) Condition of port entry;141 (7) Bilateral/Multilateral agreements;142 (8) Belligerent rights under the law of armed conflict;143 (9) Inherent right of self-defense.144 Land Territory Consent of coastal State Full sovereignty Internal Waters Consent of coastal State Full sovereignty Territorial Sea (maximum breadth = 12 NM from baseline) Innocent Passage (ships and submarines only, not aircraft) Limited navigational, criminal, and civil International Straits Transit Passage (normal mode of operation) Fiscal, customs, immigration, and sanitary Archipelagic Sea Lanes Archipelagic Sea Lanes Passage (norma...
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