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290
CHAPTER IX.—Protection of Russian Subjects
by Warships.
In any exceptional political situation the Consular Officer may, with
a view to the protection of Russian subjects and their property,
request the commander of a Russian ship of war to take measures
for their safety.
This request must be made in writing. On receipt of it, the
commander of the vessel must acquaint the Consular Officer with the
purport of any instructions he may have received for such a
contingency and report the matter to his immediate chief and to the
Ministry of Marine.1
CHAPTER X.—Exterritoriality of Warships.
§ 358. [-Exterritoriality-]
{+Exterrito-
riality+} of
Warships.
A foreign ship of war, i.e., any vessel belonging to a foreign navy
and having on board a military commander and crew, represents
the sovereignty, independence, and power of the State to which it
belongs ; it must, therefore, whether on the high seas or in the
territorial waters of another State, be regarded as a floating portion
of the territory of the State to which it belongs, i.e., it is
exterritorial. A warship on entering a foreign harbour, however, is bound
to announce her arrival, to exhibit her flag, declare her class, the
number of her crew, her cargo, the name of the commander, the object
of her voyage, and the probable duration of her stay. It is only in
cases of bad weather, when the safety of the ship is endangered,
that men-of-war are exempt from these obligations in a port of
refuge.
This generally accorded privilege of warships has found expression
in Russia in the Project of the Commission of Redaction of the Penal
Code, Vol. I., pp. 52 and 88. According to this project, foreign
warships enjoy exemption from local jurisdiction, and disputes and crimes
committed on board of them are not subject to local laws. It is,
however, established by international usage, that if the culprit and
the sufferer do not belong to the crew of the warship, the commander
may, if he chooses to do so, hand them over to the local authorities
for trial. On the other hand, the State in whose waters the offence
is committed, is entitled, if the peace or safety of local inhabitants
is threatened, to adopt all precautionary measures to prevent such
breach of the peace, and may even refuse permission for the ship to
enter the port, or if she is already there, may insist on her immediate
departure, in accordance with the principles of international relations.
Members of the crews of men-of-war committing crimes while they
are on shore, are subject to local laws, and the authorities of the place
1 Cons. Reg., Art. 46.
§§ 367, 358.
§ 357.
Protection
of Russian
Subjects by
Warships,
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