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UNCLOS Article 95

E2. Naval, defence and maritime law enforcement

Definition

Immunity of warships on the high seas.

UNCLOS Article 95 grants warships on the high seas complete immunity from the jurisdiction of any state other than the flag state. A foreign warship cannot be boarded, arrested, searched, or subjected to another state’s enforcement on the high seas; it answers only to its own flag. The immunity underpins the right of visit regime in Article 110, which lets a warship board suspect merchant vessels but never another warship, and it parallels Article 96, which extends the same immunity to ships owned or operated by a state and used only on government non-commercial service.

Source: UNCLOS Article 95 (immunity of warships on the high seas), 1982, in force 16 November 1994.