Government Ships and Their Status in International Law

Abstract

It is a generally recognized principle of international law that foreign ships which enter the waters of a coastal state are subject in many ways to the jurisdiction and control of the local authorities.¹ Even on the high seas, a limited jurisdiction may be exercised on board them by states other than the flag state.² These general statements are, however, subject to certain qualifications. Foreign warships and other government ships assimilated to the position of warships enjoy several jurisdictional immunities while lying within or passing through the waters of a coastal state.³ On the high seas, such ships have complete immunity from the jurisdiction of any state other than the flag state.⁴ It is this immunity from jurisdiction that gives a government ship a status in international law quite peculiar to herself and different from that enjoyed by a private ship. Whether this immunity from jurisdiction is characteristic of all government ships without distinction, or whether it is limited to certain categories of government ships, is still not clear. The purpose of this work is to conduct an enquiry into this very question, and to ascertain the legal status of a particular category of government ships, namely, merchant ships.