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San Remo Manual on International Law Applicable to Armed Conflicts at Sea, 12 June 1994
MEANS OF WARFARE
SECTION I : MEANS OF WARFARE
Missiles and other projectiles
78. Missiles and projectiles, including those with over-the-horizon capabilities, shall be used in conformity with the principles of target discrimination as set out in paragraphs 38-46.
Torpedoes
79. It is prohibited to use torpedoes which do not sink or otherwise become harmless when they have completed their run.
Mines
80. Mines may only be used for legitimate military purposes including the denial of sea areas to the enemy.
81. Without prejudice to the rules set out in paragraph 82, the parties to the conflict shall not lay mines unless effective neutralization occurs when they have become detached or control over them is otherwise lost.
82. It is forbidden to use free-floating mines unless:
(a) they are directed against a military objective;
and
(b) they become harmless within an hour after loss of control over them.
83. The laying of armed mines or the arming of pre-laid mines must be notified unless the mines can only detonate against vessels which are military objectives.
84. Belligerents shall record the locations where they have laid mines.
85. Mining operations in the internal waters, territorial sea or archipelagic waters of a belligerent State should provide, when the mining is first executed, for free exit of shipping of neutral States.
86. Mining of neutral waters by a belligerent is prohibited.
87. Mining shall not have the practical effect of preventing passage between neutral waters and international waters.
88 The minelaying States shall pay due regard to the legitimate uses of the high seas by,
inter alia, providing safe alternative routes for shipping of neutral States.
89 Transit passage through international straits and passage through waters subject to the right of archipelagic sea lanes passage shall not be impeded unless safe and convenient alternative routes are provided.
90. After the cessation of active hostilities, parties to the conflict shall do their utmost to remove or render harmless the mines they have laid, each party removing its own mines. With regard to mines laid in the territorial seas of the enemy, each party shall notify their position and shall proceed with the least possible delay to remove the mines in its territorial sea or otherwise render the territorial sea safe for navigation.
91. In addition to their obligations under paragraph 90, parties to the conflict shall endeavour to reach agreement, both among themselves and, where appropriate, with other States and with international organizations, on the provision of information and technical and material assistance, including in appropriate circumstances joint operations, necessary to remove minefields or otherwise render them harmless.
92. Neutral States do not commit an act inconsistent with the laws of neutrality by clearing mines laid in violation of international law.
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