Section 127p. 127

PUBLIC INTERNATIONAL LAW COMPENDIUM VOLUME I

(ii) against a ship, aircraft, persons or property in a place

outside the jurisdiction of any State;

(b) any act of voluntary participation in the operation of a

ship or of an aircraft with knowledge of facts making it a

pirate ship or aircraft;

(c) any act of inciting or of intentionally facilitating an act

described in subparagraph (a) or (b).

Article 102. Piracy by a warship, government ship or

government aircraft whose crew has mutinied

The acts of piracy, as defined in article 101, committed by

a

warship,

government

ship

or

government

aircraft

whose crew has mutinied and taken control of the ship or

aircraft are assimilated to acts committed by a private

ship or aircraft.

Article 103. Definition of a pirate ship or aircraft

A ship or aircraft is considered a pirate ship or aircraft if it

is intended by the persons in dominant control to be

used for the purpose of committing one of the acts

referred to in article 101. The same applies if the ship or

aircraft has been used to commit any such act, so long as

it remains under the control of the persons guilty of that

act.

Article 104. Retention or loss of the nationality of a pirate

ship or aircraft

A ship or aircraft may retain its nationality although it has

become a pirate ship or aircraft. The retention or loss of

nationality is determined by the law of the State from

which such nationality was derived.

Article 105. Seizure of a pirate ship or aircraft

On the high seas, or in any other place outside the

jurisdiction of any State, every State may seize a pirate

ship or aircraft, or a ship or aircraft taken by piracy and

under the control of pirates, and arrest the persons and

seize the property on board. The courts of the State which

carried out the seizure may decide upon the penalties to

be imposed, and may also determine the action to be

taken with regard to the ships, aircraft or property,

subject to the rights of third parties acting in good faith.

Article 106. Liability for seizure without adequate grounds

Where the seizure of a ship or aircraft on suspicion of

piracy has been effected without adequate grounds, the

State making the seizure shall be liable to the State the

nationality of which is possessed by the ship or aircraft for

any loss or damage caused by the seizure.

Article 107. Ships and aircraft which are entitled to seize

on account of piracy

A seizure on account of piracy may be carried out only by

warships or military aircraft, or other ships or aircraft

clearly marked and identifiable as being on government

service and authorized to that effect.

Article 108. Illicit traffic in narcotic drugs or psychotropic

substances

1. All States shall cooperate in the suppression of illicit

traffic in narcotic drugs and psychotropic substances

engaged

in

by ships on the high seas contrary to

international conventions.

2. Any State which has reasonable grounds for believing

that a ship flying its flag is engaged in illicit traffic in

narcotic drugs or psychotropic substances may request

the cooperation of other States to suppress such traffic.

Article 109. Unauthorized broadcasting from the high

seas

1.

All

States

shall

cooperate

in

the

suppression

of

unauthorized broadcasting from the high seas.

2. For the purposes of this Convention, "unauthorized

broadcasting" means the transmission of sound radio or

television broadcasts from a ship or installation on the

high seas intended for reception by the general public

contrary to international regulations, but excluding the

transmission of distress calls.

3. Any person engaged in unauthorized broadcasting

may be prosecuted before the court of:

(a) the flag State of the ship;

(b) the State of registry of the installation;

(c) the State of which the person is a national;

(d) any State where the transmissions can be received; or

(e) any State where authorized radio communication is

suffering interference.

4.

On

the high seas, a State having jurisdiction in

accordance with paragraph 3 may, in conformity with

article

110,

arrest

any

person

or

ship

engaged

in

unauthorized broadcasting and seize the broadcasting

apparatus.

Article 110. Right of visit

1. Except where acts of interference derive from powers

conferred by treaty, a warship which encounters on the

high seas a foreign ship, other than a ship entitled to

complete immunity in accordance with articles 95 and 96,

is not justified in boarding it unless there is reasonable

ground for suspecting that:

(a) the ship is engaged in piracy;

(b) the ship is engaged in the slave trade;

(c) the ship is engaged in unauthorized broadcasting and

the flag State of the warship has jurisdiction under article

109;

(d) the ship is without nationality; or

(e) though flying a foreign flag or refusing to show its flag,

the ship is, in reality, of the same nationality as the

warship.

2. In the cases provided for in paragraph 1, 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 proceed to a

further examination on board the ship, which must be

carried out with all possible consideration.

3. If the suspicions prove to be unfounded, and provided

that

the

ship

boarded has not committed any act

justifying them, it shall be compensated for any loss or

damage that may have been sustained.

4. These provisions apply mutatis mutandis to military

aircraft.

5. These provisions also apply to any other duly authorized

ships or aircraft clearly marked and identifiable as being

on government service.

Article 111. Right of hot pursuit

1. The hot pursuit of a foreign ship may be undertaken

when the competent authorities of the coastal State have

good reason to believe that the ship has violated the laws

and regulations of that State. Such pursuit must be

commenced when the foreign ship or one of its boats is

within the internal waters, the archipelagic waters, the

territorial sea or the contiguous zone of the pursuing

State, and may only be continued outside the territorial

sea or the contiguous zone if the pursuit has not been

interrupted. It is not necessary that, at the time when the

foreign ship within the territorial sea or the contiguous

zone receives the order to stop, the ship giving the order

should

likewise

be

within

the

territorial sea or the

contiguous zone. If the foreign ship is within a contiguous

zone, as defined in article 33, the pursuit may only be

undertaken if there has been a violation of the rights for

the protection of which the zone was established.

2. The right of hot pursuit shall apply mutatis mutandis to

violations in the exclusive economic zone or on the

continental

shelf,

including

safety

zones

around

continental shelf installations, of the laws and regulations

of the coastal State applicable in accordance with this

Convention

to

the

exclusive

economic

zone

or

the

continental shelf, including such safety zones.

© Compiled by RGL

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