War and security at sea August 2016 98 Number 902 Volume Volume 98 Number 902 August 2016 Volume 98 Number 902 August 2016 War and security at sea: Warning shots Vincent Bernard Interview with Ambassador Ong Keng Yong The updated ICRC Commentary on the Second Geneva Convention: Demystifying the law of armed conflict at sea Bruno Demeyere, Jean-Marie Henckaerts, Heleen Hiemstra and Ellen Nohle War at sea: Nineteenth-century laws for twenty-first century wars? Steven Haines The difficulties of conflict classification at sea: Distinguishing incidents at sea from hostilities Wolff Heintschel von Heinegg Authorizations for maritime law enforcement operations Rob McLaughlin The duty to rescue at sea, in peacetime and in war: A general overview Irini Papanicolopulu Restrictions on the use of force at sea: An environmental protection perspective Jinxing Ma and Shiyan Sun Naval Mines: Legal considerations in armed conflict and peacetime David Letts Humanitarian debate: Law, policy, action International law and the military use of unmanned maritime systems Michael N. Schmitt and David S. Goddard Africa and international humanitarian law: The more things change, the more they stay the same Gus Waschefort Debate: Inclusive gender: Why tackling gender hierarchies cannot be at WarW and security at sea the expense of human rights and the humanitarian imperative Chris Dolan Protection considerations in the law of naval warfare: The Second Geneva Convention and the role of the ICRC Peter Maurer, 4 May 2017 War in cities: What is at stake? Peter Maurer, 4 April 2017 Revised practical guidance for first time responders managing the dead after disasters Sarah Ellingham, Stephen Cordner and Morris Tidball-Binz Generating respect for the law: An appraisal 13–14 October 2016, ICRC, University of Tasmania Faculty of Law and Institute for the Study of Social Change Comparative book review: Protection of Civilians, and Protecting Civilians in War: The ICRC, UNHCR and their limitations in internal armed conflicts Book review: A world history of war crimes: from antiquity to the present New publications in humanitarian action and the law ® MIX Paper from responsible sources www.icrc.org/eng/review FSC® C007785 Cambridge Core For further information about this journal please go to the journal web site at: War and security ISSN 1816-3831 cambridge.org/irc at sea 18163831_98-2.indd 1 22/09/17 8:12 AM Editorial Team Editor-in-Chief: Vincent Bernard Managing Editor: Ellen Policinski The Review is a peer-reviewed journal Editorial Assistants: Audrey MacKay printed in English and is published and Jovana Kuzmanovic three times a year. Book review editor: Jamie A. Williamson Special thanks: Bruno Demeyere Annual selections of articles are also published in Arabic, Chinese, French, Aim and scope International Review of the Red Cross Russian and Spanish. Established in 1869, the International Review of the Red 19, Avenue de la Paix, CH 1202 Geneva Cross is a peer-reviewed journal published by the ICRC and CH - 1202 Geneva Published in association with Cambridge University Press. Its aim is to promote reflection on t +41 22 734 60 01 Cambridge University Press. humanitarian law, policy and action in armed conflict and e-mail: [email protected] other situations of collective armed violence. A specialized journal in humanitarian law, it endeavours to promote knowledge, critical analysis and development of the law, and contribute to the prevention of violations of rules protecting Editorial Board Annette Becker fundamental rights and values. The Review offers a forum Université de Paris-Ouest Nanterre La for discussion on contemporary humanitarian action as well Défense, France Submission of manuscripts Subscriptions as analysis of the causes and characteristics of conflicts so Chaloka Beyani The International Review of the Red Cross invites The subscription price is available online at: as to give a clearer insight into the humanitarian problems Special Rapporteur on the Human Rights submissions of manuscripts on subjects relating https://www.cambridge.org/core/journals/ they generate. Finally, the Review informs its readership on of Internally Displaced Persons; London to international humanitarian law, policy and international-review-of-the-red-cross/ questions pertaining to the International Red Cross and Red School of Economics, Zambia action. 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The Review reserves the right to is indexed in the Thomson Reuters Journal Movement in armed conflict and other situations of Tasneem Meenai edit articles. Citation Reports/Social Sciences Edition Jamia Millia Islamia, India violence. It also endeavours to prevent suffering by pro- Manuscripts may be sent by e-mail to: and has an Impact Factor. The Review is moting and strengthening international humanitarian Sorcha O’Callaghan [email protected] available on LexisNexis. law and universal humanitarian principles. Established British Red Cross, UK in 1863, the ICRC is at the origin of the Movement. Emre Öktem Manuscript requirements This journal issue has been printed on Galatasaray University, Turkey Articles should be 7,000 to 10,000 words in FSC™-certified paper and cover board. Marco Sassòli, length. Shorter contributions can be published FSC is an independent, nongovernmental, Members of the Committee University of Geneva, Switzerland President: Peter Maurer as comments or opinion notes. Articles on not-for-profit organization established to Michael N. Schmitt Vice-President: Christine Beerli themes other than the main theme of an edition promote the responsible management of US Naval War College, US may be published under the heading ‘Selected the world’s forests. Please see www.fsc.org Yuval Shany articles on IHL and humanitarian action’. for information. Mauro Arrigoni Jürg Kesselring Hebrew University, Jerusalem, Israel Hugo Bänziger Thierry Lombard For further information, please consult the Sun Shiyan Printed in the UK by Bell & Bain Ltd. François Bugnion Laura Sadis Chinese Academy of Social Sciences website of the Review: Jacques Chapuis Doris Schopper (CASS), China www.icrc.org/eng/resources/international- Bernard G. R. Daniel Rolf Soiron Fiona Terry review. 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Credit: KEYSTONE/AP. 18163831_98-2.indd 2 22/09/17 8:12 AM Volume 98 Number 902 August 2016 Humanitarian debate: Law, policy, action War and security at sea CONTENTS WAR AND SECURITY AT SEA 383 Editorial: War and security at sea: Warning shots Vincent Bernard 393 Interview with Ambassador Ong Keng Yong The state of the law 401 The updated ICRC Commentary on the Second Geneva Convention: Demystifying the law of armed conflict at sea Bruno Demeyere, Jean-Marie Henckaerts, Heleen Hiemstra and Ellen Nohle 419 War at sea: Nineteenth-century laws for twenty-first century wars? Steven Haines 449 The difficulties of conflict classification at sea: Distinguishing incidents at sea from hostilities Wolff Heintschel von Heinegg Maritime operations 465 Authorizations for maritime law enforcement operations Rob McLaughlin 491 The duty to rescue at sea, in peacetime and in war: A general overview Irini Papanicolopulu 515 Restrictions