Right of search. Under international law, a nation at war has the right to visit and search merchant ships of neutral nations. The search must be carried out by the officers of a warship. The purposes are to determine the true nationality of the vessel, and to find out whether the vessel is engaged in unneutral service or in carrying contraband of war (see Contraband ). In peacetime, the right of search may be exercised to enforce revenue laws or prevent piracy.
When a search is made, the ship’s papers are first examined. These papers name the ship, its master, or captain, the port it sailed from, and the port for which it is bound. The papers should describe the cargo and certify that the officers have met the customs regulations of the country from which the ship has sailed.
If the papers are correct, the search usually ends. But if suspicion is aroused, the cargo may be examined. Officers who refuse to stop their ship and allow it to be searched run the risk of having both ship and cargo confiscated. The Hague Peace Conference of 1907 and the London Conference of 1909 tried to set limits to the right of search. Conference members agreed that the mail of neutral nations should be free from search. However, all sides disregarded these agreements in wartime.
During Prohibition in the United States, some countries agreed to extend their territorial limits to the number of nautical miles that could be covered in one hour’s sailing from their coasts. These agreements made it easier to search for smuggled articles, and they remain in force. For other purposes, the limits are 3 to 12 nautical miles, depending on the kind of search. For revenue purposes, the President may authorize a search up to 62 nautical miles from the U.S. coast.
