The Commander’s Handbook on the Law of Naval Operations: MCTP 11-10B/ NWP 1-14M/ COMDTPUB P5800.7A March 2022 by Department of the Navy

THE COMMANDER’S HANDBOOK ON THE LAW OF NAVAL OPERATIONS MCTP 11-10B/ NWP 1-14M/ COMDTPUB P5800.7A March 2022 This publication is intended for the use of operational commanders and supporting staff elements at all levels of command. It is designed to provide officers in command and their staffs with an overview of the rules of law governing naval operations in peacetime and during armed conflict. The explanations and descriptions in this publication are intended to enable naval commanders and their staff to comprehend more fully the legal foundations upon which the orders issued to them by higher authority are premised and better understand the commander’s responsibilities under international and domestic law to execute their missions within that law. Officers in command of operational units are encouraged to utilize this publication as a training aid for assigned personnel. This publication provides general information and guidance, which is generally augmented, limited, or given further clarity by directives issued by operational commanders and their subordinates. It does not supersede guidance issued by the chain of command. It is not directive or a comprehensive treatment of the law. It is not a substitute for definitive legal guidance provided by judge advocates and others responsible for advising commanders on the law. INTERNATIONAL LAW For purposes of this publication, international law is defined as that body of rules that States consider binding in their relations with one another. International law is created by States. It derives from the practice of States in the international arena and from international agreements between States. International law provides stability in international relations and an expectation that certain acts or omissions will result in predictable consequences. If one State violates the law, it may expect that others will reciprocate. Consequently, failure to comply with international law ordinarily involves greater political and economic costs than does observance. States comply with international law, because it is in their interest to do so. Like most rules of conduct, international law is in a continual state of development and change. This publication seeks to accurately describe the state of international law on the date of the publication’s issuance. The primary sources of international law are customary international law and international agreements. Practice of States The general and consistent practice among States with respect to a particular subject, which over time is accepted by them as a legal obligation, is known as customary international law. Customary international law is a principal source of international law and generally binding upon all States. States that have been persistent objectors to a customary international law rule during its development are not bound by that rule. International Agreements An international agreement is a commitment entered into by two or more States that reflects their intention to be bound by its terms in their relations with one another. International agreements—bilateral treaties, executive agreements, or multilateral conventions—are another principal source of international law. However, they bind only those States that are party to them or may otherwise consent to be bound by them. To the extent that multilateral conventions of broad application codify existing rules of customary law, they may be regarded as evidence of international law binding upon parties and nonparties alike. United States Navy Regulations U.S. Navy Regulations, 1990, require U.S. naval commanders to observe international law. Article 0705, Observance of International Law, states: At all times, a commander shall observe, and require their commands to observe, the principles of international law. Read more