Covered Risks under Institute War Clauses (Cargo)

This page is a translation for reading support. The Japanese article is the official version. For legal, customs, insurance, or regulatory decisions, please confirm against the Japanese original and the relevant parties.

What Are the Insured Risks under the Institute War Clauses (Cargo)?

The insured risks under the Institute War Clauses (Cargo) define which perils causing loss of or damage to insured cargo are covered when those perils arise from war risks that are normally excluded under the standard Institute Cargo Clauses.

Under the standard ICC(A), ICC(B), and ICC(C), war, civil war, revolution, rebellion, related internal disturbances, hostile acts by or against belligerents, capture, seizure, arrest, restraint, detainment, and damage caused by abandoned mines, torpedoes, bombs, and other abandoned weapons of war are generally excluded as war risks.

Coverage for these perils therefore requires confirmation that the Institute War Clauses (Cargo) have been incorporated into the applicable insurance contract.

However, the mere attachment of the Institute War Clauses (Cargo) does not mean that all cargo damage, delay losses, additional charges, voyage interruptions, or commercial losses connected with war are automatically covered.

In practice, the following points are examined sequentially:

  • Whether the cause of loss falls within the insured perils listed in Article 1
  • Whether capture, seizure, arrest, restraint, or detainment arose from the war risks specified in Article 1.1
  • Whether actual loss of or damage to the insured cargo occurred
  • Whether the incident occurred within the insurance period specified in Article 5
  • Whether an exclusion under Articles 3 or 4 applies
  • Whether General Average or Salvage Charges are separately covered under Article 2
  • Whether insurance indemnity is being distinguished from cost liability under the Master B/L, House B/L, or other terms of the Contract of Carriage

This article focuses on the insured perils in Article 1 and General Average and Salvage Charges under Article 2, while distinguishing them from ordinary marine perils, piracy, terrorism, riots, administrative measures, sanctions, and commercial liens.

Scope Covered in This Article

Item Content Covered in This Article Content Covered in Other Articles in Detail
War Risks under Article 1.1 War, civil war, revolution, rebellion, insurrection, civil strife arising from these events, and hostile acts by or against belligerents Final legal classification of individual armed conflicts under international or domestic law
Capture and Related Acts under Article 1.2 Scope, causal requirements, consequences, and attempted acts involving capture, seizure, arrest, restraint, and detainment Final legal assessment under national prize law, administrative law, sanctions law, or maritime enforcement law
Abandoned Weapons of War Cargo damage caused by abandoned mines, torpedoes, bombs, and other abandoned weapons of war Technical identification of ordnance, explosive disposal, and official accident investigation
Extension for Mine and Torpedo Risks Outline of the extension during lighter or similar transport involving floating or sunken mines and abandoned torpedoes, including the 60-day limit Detailed calculation of the Article 5 insurance period, the 15-day rule, the 60-day limit, and reinstatement of cover
General Average and Salvage Charges Article 2 requirements, causal connection with avoidance of insured perils, and supporting documents General Average adjustment, General Average Bond, and General Average Guarantee procedures
Relationship with the Standard ICC War-risk exclusions under ICC(A), ICC(B), and ICC(C), and the separate function of the War Clauses All Risks coverage, named-perils coverage, and general exclusions under the standard ICC
Piracy and Armed Robbery Distinction from acts of war and confirmation under ICC(A), ICC(B), ICC(C), and endorsements Piracy endorsements, ransom issues, hull insurance, and P&I insurance
Terrorism and Politically Motivated Acts Division of coverage between the Institute War Clauses (Cargo) and the Institute Strikes Clauses (Cargo) Terrorism-related insurance periods and termination-of-transit provisions
Administrative Measures and Sanctions Distinction between customs detention, export or import restrictions, sanctions-related restrictions, and war-risk-related detainment Sanctions law, export controls, import regulations, and Sanction Limitation and Exclusion Clauses
Costs and Financial Losses Distinction among physical cargo damage, General Average, Salvage Charges, additional charges, and delay losses Delay exclusions, loss or frustration of the voyage or adventure, and loss-mitigation expenses
Insurance Period Need to assess the insured peril and the insurance period as separate requirements Loading on board, discharge, the 15-day rule, voyage changes, and Termination of the Contract of Carriage
NVOCC and Freight Forwarder Document collection, incident classification, insurer notification, B/L conditions, and allocation of additional charges NVOCC liability, freight forwarder liability, liability limitations, notice periods, and time bars

Purpose and Background of the Clauses

Standard cargo insurance generally covers ordinary transport perils such as grounding, sinking, collision, fire, cargo-handling accidents, and theft, subject to the applicable ICC wording.

War, civil war, military action, hostile acts by belligerents, capture, seizure, and mines are different in character because their frequency and severity are strongly affected by political and military conditions. The level of risk can change rapidly depending on the region, route, and port of call.

For this reason, the standard ICC generally excludes war risks, while the Institute War Clauses (Cargo) provide separate cover for specified perils during a separately defined insurance period.

The Institute War Clauses (Cargo) do not provide unlimited cover for every event connected with war.

Article 1 identifies the causes of loss that may be covered and generally requires loss of or damage to the insured cargo caused by those perils.

Article 2 separately covers General Average and Salvage Charges incurred to avoid, or in connection with avoiding, loss caused by an insured war peril, even where the insured cargo has not itself sustained physical damage.

How to Read the Institute War Clauses (Cargo) Series

Article Role Key Points for Confirmation Relationship with This Article
What Are the Institute War Clauses (Cargo)? Introduction and overview Relationship with the standard ICC and the Strikes Clauses, and the overall clause structure Provides the general foundation for this article
Insured Risks under the Institute War Clauses (Cargo) Covered perils Articles 1 and 2, war risks, capture and related acts, abandoned weapons, General Average, and Salvage Charges This article
Insurance Period and Voyage Changes under the Institute War Clauses (Cargo) Insurance period and voyage changes Loading on board, discharge, the 15-day rule, lighterage, the 60-day limit, and voyage changes Deals with the insurance period after the insured peril has been identified
Exclusions under the Institute War Clauses (Cargo) Uncovered damage and costs Delay, loss or frustration of the voyage or adventure, nuclear weapons, unseaworthiness, and unsuitability Deals with exclusions after Article 1 has been considered

Articles 1 and 2: Structure of the Insured Risks

Article Covered Peril or Cost Basic Requirements Main Supporting Documents Practical Considerations
Article 1.1 War, civil war, revolution, rebellion, insurrection, civil strife arising from these events, and hostile acts by or against belligerents Loss of or damage to cargo caused by one of the listed perils Official announcements, military and political information, the master’s report, and shipping line notices General deterioration in security, disorder, or delay alone is insufficient
Article 1.2 Capture, seizure, arrest, restraint, and detainment Under the standard wording, the act must arise from a peril covered by Article 1.1 Detention or seizure orders, issuing authority, legal basis, and status of the cargo and vessel Administrative measures, sanctions, embargoes, maritime arrests, and commercial liens must be distinguished
Article 1.2 Consequences of, or attempts at, capture, seizure, arrest, restraint, or detainment A causal connection between the consequence or attempted act and cargo loss or damage Attack reports, tracking records, threats, evasive action records, and incident reports A general fear of capture or a warning alone is insufficient
Article 1.3 Abandoned mines, torpedoes, bombs, and other abandoned weapons of war Loss of or damage to cargo caused by the abandoned weapon Official investigations, ordnance examination, incident reports, and surveys The cause must be distinguished from ordinary grounding, collision, fire, or machinery failure
Article 2 General Average and Salvage Charges Charges incurred to avoid, or in connection with avoiding, loss caused by an insured war peril General Average declaration, master’s report, salvage contract, and adjuster’s notice A General Average declaration alone does not establish insurance coverage

Main Situations Where the Insured Risks Become an Issue

Situation Reason for Confirmation Central Issue Main Documentation Additional Points to Confirm
A vessel is attacked in a conflict zone The attack may constitute a hostile act under Article 1.1 Identity of the actor, military purpose, and relationship with belligerent forces Official announcements, master’s report, and shipping line incident report Insurance period and exclusions
Cargo is damaged by shelling at a port affected by civil war The distinction between civil war, civil strife, riot, and civil commotion becomes relevant Whether the incident reached the level of organized armed conflict Government announcements, international-organization material, and local reports Relationship with the Strikes Clauses
A vessel or cargo is seized by a party to a conflict The incident may fall within Article 1.2 Whether the seizure arose from a peril listed in Article 1.1 Seizure order, military or authority announcements, and shipping line notices Delay exclusion and loss or frustration of the voyage or adventure
Cargo is detained by customs because of declaration deficiencies The detention is likely to be an administrative measure rather than a war risk Legal basis of the measure and any relationship with an Article 1.1 peril Customs notice, declaration documents, and inspection records Customs and import-regulation issues
Cargo is withheld because of a connection with a sanctioned party Article 1.2 must be distinguished from sanctions restrictions Reason for detention, sanctions basis, and restriction on payment of insurance indemnity Authority notice, sanctions list, and contract documents Sanction Limitation and Exclusion Clause
A shipping line withholds cargo for unpaid freight The situation is likely to involve a commercial lien Distinction between the lien under the B/L and an Article 1.2 peril B/L, invoices, tariff, and lien notice Cost liability under the Contract of Carriage
Cargo is damaged by contact with an abandoned mine This may be a typical Article 1.3 event Type of weapon, whether it was abandoned, and cause of the incident Official investigation, master’s report, and survey report General Average, Salvage Charges, and insurance period
An armed group seizes or damages cargo Piracy, armed robbery, terrorism, and hostile acts must be distinguished Identity, motive, location, and political or military background Official announcements, shipping line report, and details of demands ICC(A), Strikes Clauses, and endorsements
A vessel deviates to an alternative port to avoid a mine hazard General Average under Article 2 may be relevant Common safety, extraordinary sacrifice or expenditure, and causal connection with the insured peril General Average declaration, navigation warning, and master’s report General Average Bond and General Average Guarantee
Only additional charges arise following closure of a port The charges must be separated from physical cargo damage under Article 1 Physical loss, General Average, delay costs, and contractual additional charges Cost breakdown, shipping line notice, B/L, and quotation Article 3.7 and the Contract of Carriage

Application Requirements and Matters Outside the Scope of Coverage

Verification Item Requirements Supporting Coverage Facts Insufficient by Themselves Matters Outside This Article Practical Measures
Incorporation of the War Clauses The applicable War Clauses are incorporated into the insurance contract covering the cargo A quotation referring only to “war risks” Final contractual determination of incorporation Check the Policy, Certificate, Schedule, and Endorsements
War, Civil War, and Related Events The Article 1.1 event is supported by objective evidence General information concerning danger zones, deteriorating security, or military tension Final classification of an armed conflict under international law Fix the date, location, parties, acts, and sequence of events
Civil Strife The event arises from war, civil war, revolution, rebellion, or insurrection and has the necessary degree of organization and force Localized demonstrations, brief disturbances, or ordinary criminal activity Final political or legal classification Confirm organization, continuity, use of force, objectives, and opposition to government
Hostile Acts The act is committed by or against belligerents and is connected with the relevant conflict The mere involvement of weapons or military personnel Final criminal, military, or international-law assessment Check the actor, opposing party, military purpose, and relationship with the conflict
Capture, Seizure, Arrest, Restraint, or Detainment Under the standard wording, the act arises from a peril specified in Article 1.1 The use of the word “detention,” “seizure,” or “arrest” in a document Final interpretation under national administrative, maritime, or sanctions law Confirm the issuing authority, legal power, reason, target, scope, and duration
Attempted Capture or Related Act A causal connection exists between the attempted act and cargo loss or damage A general warning or abstract risk of capture Final classification of a military operation Confirm pursuit, threat, intimidation, evasive action, and the sequence leading to the damage
Abandoned Ordnance An abandoned mine, torpedo, bomb, or other abandoned weapon of war caused the loss The occurrence of an explosion or hull damage alone Final technical identification of the ordnance Obtain investigation material from authorities and technical experts
Loss of or Damage to Cargo Physical loss of or damage to insured cargo results from the covered peril Route change, delay, inability to deliver, or the occurrence of costs alone Final quantum assessment Secure photographs, survey reports, inspections, and quantity and quality records
General Average The sacrifice or expenditure is adjusted for common safety in connection with an insured peril The shipping line’s declaration of General Average alone Final adjustment of allowed items and contribution percentages Confirm the reason for declaration and causal relationship with the insured peril
Salvage Charges The Salvage Charges were incurred to avoid, or in connection with avoiding, loss caused by an insured peril The occurrence of towing or operational costs alone Final assessment of the salvage contract or award Confirm the salvage agreement, purpose of the work, and cause of the peril
Piracy Coverage exists under the applicable ICC or piracy endorsement An attack by an armed group alone Final legal classification of piracy Confirm the purpose, location, private-gain element, actor, and political background
Terrorism and Politically Motivated Acts The applicable requirements of the Institute Strikes Clauses (Cargo) or another endorsement are satisfied The occurrence of an explosion or destructive act alone Final classification of a terrorist organization Review the War Clauses and Strikes Clauses in parallel
Administrative Measures and Sanctions A specific endorsement provides relevant cover and no sanctions restriction prevents payment The use of words such as seizure, restraint, arrest, or detention Legality of the measure under administrative or sanctions law Review the official notice and applicable sanctions clause
Insurance Period The incident occurred within the Article 5 insurance period The fact that the cause falls within Article 1 Final interpretation of amendments to the insurance period Organize loading, arrival, discharge, and the relevant 15-day or 60-day period chronologically

Comparison with the Standard ICC and the Strikes Clauses

Risk or Event Main Clause to Check Basic Treatment Key Criteria Practical Considerations
War, Civil War, Revolution, Rebellion Institute War Clauses (Cargo) Generally excluded under the standard ICC but potentially covered under the War Clauses Causal connection between the political or military event and cargo damage Presence in a hazardous area alone is insufficient
Hostile Acts by or against Belligerents Institute War Clauses (Cargo) Potentially covered under Article 1.1 Actor, opposing party, purpose, and connection with the conflict Distinguish from ordinary crime and private violence
Capture, Seizure, Arrest, Restraint, or Detainment Institute War Clauses (Cargo) Under the standard wording, potentially covered when arising from an Article 1.1 peril Cause, actor, authority, legal basis, and reason for the act Check any special wording that extends or restricts the causal requirement
Abandoned Mines, Torpedoes, Bombs Institute War Clauses (Cargo) Potentially covered under Article 1.3 Type of weapon, abandonment, and causal connection with damage The Article 5.4 period extension has a narrower scope
Piracy ICC(A) and, where relevant, piracy endorsements for ICC(B) or ICC(C) Piracy is excepted from the war exclusion in ICC(A), while ICC(B) and ICC(C) require separate review Private gain, location, actor, and purpose Do not assess piracy solely under the War Clauses
Armed Robbery in Port or Coastal Areas ICC, theft provisions, and endorsements Treatment varies depending on whether the act is classified as theft, armed robbery, or piracy Location, relationship with the vessel, and private motive The label used in an incident report may not match the legal classification
Terrorist Acts Institute Strikes Clauses (Cargo) Generally excluded under the standard ICC and potentially covered under the Strikes Clauses Organization, violence, and intention to influence or overthrow a government Check the insurance period and any termination-of-transit clause
Acts Motivated by Political, Ideological, or Religious Reasons Institute Strikes Clauses (Cargo) Potentially covered under the Strikes Clauses Motive of the actor and causal relationship with cargo damage The event may overlap factually with a hostile act under the War Clauses
Strikes, Riots, and Civil Commotion Institute Strikes Clauses (Cargo) Generally considered under the Strikes Clauses rather than the War Clauses Participants, labour dispute, organization, violence, and nature of the disturbance Confirm the boundary with civil war, insurrection, and civil strife
Malicious Damage ICC(A), Institute Malicious Damage Clause, or another endorsement Treatment depends on the applicable ICC and endorsements Political motive, simple malice, and intention to cause damage Distinguish malicious damage from terrorism and hostile acts
Administrative Measures and Customs Detention Generally outside the War Clauses unless specific wording applies May fall outside Article 1.2 if not caused by an Article 1.1 peril Legal basis, nature of the violation, and issuing authority Prioritize the official administrative and customs documents
Delay and Additional Charges Exclusion clauses, specific endorsements, and the Contract of Carriage Not themselves insured perils under Article 1 Physical damage, General Average, delay loss, and contractual allocation of costs Separate insurance coverage from B/L cost liability

War, Civil War, Civil Strife, and Hostile Acts under Article 1.1

Article 1.1 covers loss of or damage to insured cargo caused by:

  • war
  • civil war
  • revolution
  • rebellion
  • insurrection
  • civil strife arising from the above events
  • hostile acts by or against belligerents

The use of one of these expressions in a news report, incident notice, or official statement does not by itself determine coverage under the Clause.

In practice, relevant factors include the organization of the actors, degree of armament, continuity of the acts, relationship with a government, military, or anti-government force, territorial control, political or military objectives, and targets of attack.

Distinction between Civil Strife and Ordinary Riot or Civil Commotion

Aspect Factors Supporting Application of the War Clauses Factors Supporting Application of the Strikes Clauses Evidence Practical Note
Actors Military forces, organized armed opposition groups, or organized belligerents Crowds, workers, protestors, or temporary groups Official statements, group declarations, and reports Assess the factual structure rather than the label
Objective Seizure of government, territorial control, or military action Protest, labour demands, or local disorder Statements, demands, and selected targets A political motive alone does not establish a war peril
Level of Force Sustained armed action, heavy weapons, or organized combat Sporadic violence, arson, vandalism, or stone-throwing Military or police reports, footage, and damage reports A single use of a weapon is not conclusive
Continuity and Territorial Scope Sustained activity across an area, with territorial control or identifiable fronts Short-lived or geographically limited disorder Chronology, maps, and official restrictions Low-intensity conflicts require individual assessment
Causal Connection with Cargo Damage Direct damage caused by military attack or armed conflict Damage caused by rioters, vandalism, or arson Survey report, incident report, and surveillance footage Separate the background circumstances from the immediate cause

Objective Evidence for Confirming a War Peril

Source Information Available Provider Limitations Use in Practice
Government, Military, and Maritime Authority Announcements Attacks, blockades, military operations, and danger zones Relevant governments, naval authorities, and port authorities May reflect the position of one party to the conflict Cross-check material from multiple authorities
International Organizations and Maritime-Security Information Conflict status, navigation warnings, and high-risk areas International and maritime organizations May not identify the cause of an individual cargo incident Compare with the exact accident location and time
Master’s Report and Statement of Facts Vessel position, attack, threat, detention, and evasive action Shipping line and master Represents the vessel-side account and may not resolve the legal classification Compare with AIS, port, and authority records
AIS and Voyage Records Vessel position, route alteration, stoppage, and evasive movement Shipping line and maritime-information provider Does not identify the actor or purpose Integrate with attack, detention, and navigation notices
Survey Report Cargo damage, possible cause, and timing Surveyor The surveyor may not determine the political or military classification Use together with official and military evidence
Shipping Line and NVOCC Notices Route changes, detention, alternative-port discharge, and operational facts Shipping line and NVOCC Do not finally determine insurance coverage Retain the original notice and transmission time

Article 1.2: Capture, Seizure, Arrest, Restraint, and Detainment

Article 1.2 lists capture, seizure, arrest, restraint, and detainment.

Under the standard wording, those acts must arise from a war peril specified in Article 1.1, such as war, civil war, or a hostile act by or against a belligerent.

The Clause also refers to consequences of, or attempts at, those acts. Actual completion of a seizure or detention is therefore not the only possible factual pattern, but a causal connection with loss of or damage to cargo remains necessary.

Terminology Equivalents Are Not Fixed One-to-One

The terms capture, seizure, arrest, restraint, and detainment overlap in meaning but do not describe identical factual or legal concepts.

English Term Core Concept Typical Factual Range Points to Confirm Interpretive Note
capture Taking control of a vessel or cargo by an opposing or belligerent force Military or hostile possession and control Actor, military authority, control, and transfer of possession The concept is not limited to a formal prize proceeding
seizure Taking possession or control by force or authority Military seizure, confiscation, enforcement seizure, or other compulsory control Authority, legal basis, possession, and intended disposition The same term may also be used for administrative enforcement unrelated to war
arrest Legal or official restriction on the movement of a vessel or cargo Maritime arrest, court attachment, or authority-imposed restraint Court or authority order, underlying claim, and legal basis A maritime arrest for debt is generally distinct from a war-risk arrest
restraint Restriction of movement, navigation, possession, or disposal Blockade-related restrictions, authority orders, or enforced limitations Restricting party, scope, duration, and coercive effect Physical possession of the vessel or cargo is not always required
detainment Keeping a vessel or cargo from continuing its movement for a period Military, administrative, judicial, or operational detention Reason, duration, release conditions, and controlling authority Use of the word “detention” in a notice does not by itself establish Article 1.2 coverage

In practice, Article 1.2 should be assessed by reference to the original wording, the actor, authority, reason, subject matter, duration, conditions for release, and causal relationship with Article 1.1, rather than by relying on a translated label.

Standard Wording and Special Extensions

Item Standard Institute War Clauses (Cargo) Where a Special Clause Extends the Cause Requirement Documents to Check Practical Note
Cause of an Article 1.2 Act The act must arise from a peril specified in Article 1.1 Coverage may be extended to certain capture, seizure, arrest, restraint, or detainment not arising from Article 1.1 Schedule, Endorsement, and special clause wording Coverage differs by insurer and individual contract
Administrative Measure Not automatically covered Determined by the wording of any specific extension Administrative notice and Endorsement Sanctions restrictions may still prevent insurance payment
Commercial Lien or Detention Generally a separate matter under the Contract of Carriage Usually remains a contractual cost or lien issue unless expressly covered B/L, tariff, unpaid invoice, and lien notice An extension does not necessarily create unlimited cover

War-Risk Restraint versus Administrative Measures, Sanctions, and Commercial Detention

Category Typical Example View under the War Clauses Documents Practical Response
Capture or Seizure Arising from War Risks Armed forces of a belligerent take control of a vessel connected with the opposing side Potentially covered where causally connected with Article 1.1 Military announcement, seizure order, and shipping line notice Confirm the actor and military basis
Detainment under a Military Blockade A vessel is prevented from entering or leaving a blockaded area Assess Articles 1.1 and 1.2 Blockade order, navigation warning, and vessel records Separate physical cargo damage from delay loss
Customs or Quarantine Measure Cargo is detained because of a declaration deficiency, import restriction, or quarantine issue Generally separate from war risks Administrative notice, declaration, and inspection record Confirm the legal or documentary deficiency
Sanctions or Embargo Restriction Cargo is withheld because of a connection with a sanctioned country, entity, or product Article 1.2 and the sanctions provisions must both be reviewed Sanctions basis, authority notice, and contract documents Insurance indemnity may be legally restricted
Maritime Arrest for a Claim A creditor arrests the vessel through a court Generally not a war risk Court order and underlying claim documents The term “arrest” alone does not establish Article 1.2 coverage
Commercial Detention or Lien Cargo is withheld because freight or storage charges remain unpaid Generally a matter under the Contract of Carriage B/L, tariff, invoice, and lien notice Separate insurance coverage from the payment obligation

Article 1.3: Abandoned Mines, Torpedoes, Bombs, and Other Abandoned Weapons of War

Article 1.3 covers loss of or damage to insured cargo caused by abandoned mines, torpedoes, bombs, or other abandoned weapons of war.

Weapons left after a past war or armed conflict may remain in shipping routes, ports, coastal waters, or on the seabed and may cause a cargo incident long after the active hostilities have ended.

The assessment therefore does not depend solely on whether a state of war existed on the incident date. The relevant question is whether an abandoned weapon of war caused the loss or damage.

Article 1.3 and Article 5.4 Do Not Have the Same Scope

Item Insured Perils under Article 1.3 Extension during Lighter or Similar Transport under Article 5.4 Practical Note
Weapons Covered Abandoned mines, torpedoes, bombs, and other abandoned weapons of war Floating or sunken mines and abandoned torpedoes The 60-day extension does not necessarily apply to bombs or other abandoned weapons
Transport Condition Within the ordinary Article 5 insurance period During transport to or from the ocean-going vessel in a lighter or similar craft Identify the transport segment and transport equipment
Time Limit Governed by the normal Article 5 insurance period Up to 60 days after discharge from the ocean-going vessel unless otherwise agreed Do not confuse this with the standard ICC 60-day provision
Evidence of Commencement Loading, arrival, and discharge records Discharge date from the ocean-going vessel and lighter-transport records Record dates separately for each identifiable part of the cargo

In a mine or torpedo incident, the relevant evidence includes the type of weapon, incident location, discharge date from the ocean-going vessel, lighter-loading records, direction of transport, and incident date.

Distinction among Piracy, Armed Robbery, Terrorism, and Acts of War

Category Typical Characteristics Main Clause to Check Main Evidence Practical Note
Piracy Private gain, ransom, or seizure of a vessel or cargo for property-related purposes ICC(A) and relevant piracy endorsements for ICC(B) or ICC(C) Demands, actor, location, and official classification Confirm that piracy is excepted from the ICC(A) war exclusion
Armed Robbery Property-motivated attack in port, at anchor, or in coastal waters ICC, theft provisions, and endorsements Location, boarding circumstances, and purpose May not satisfy the legal definition of piracy
Terrorist Act Organized violence intended to influence or overthrow a government Institute Strikes Clauses (Cargo) Organization statement, objective, and official announcement Where the event also resembles a hostile act, the insurer should assess both clauses
Politically, Ideologically, or Religiously Motivated Act An individual or group commits destruction for a specified motive Institute Strikes Clauses (Cargo) Statement, motive, and target The act may be covered under the Strikes Clauses even without an organized terrorist group
Act of War or Hostile Act Military or hostile action by a state, armed force, belligerent, or organized anti-government force Institute War Clauses (Cargo) Military operation, belligerent relationship, target, and official material A political motive alone is insufficient; the hostile or belligerent character must be examined

Article 2: General Average and Salvage Charges

Article 2 covers General Average and Salvage Charges incurred to avoid, or in connection with avoiding, loss caused by a peril insured under the Institute War Clauses (Cargo).

The charges must be adjusted or determined according to the Contract of Carriage, governing law, or practice.

A General Average declaration alone does not establish coverage under the War Clauses.

It remains necessary to confirm that the peril giving rise to the General Average was an insured war peril, that the sacrifice or expenditure was incurred for the common safety, and that no applicable exclusion prevents recovery.

Typical Example: Deviation to an Alternative Port to Avoid a Mine Hazard

Assume that a floating or sunken mine hazard is identified on the planned route and the vessel deviates to a safe alternative port to protect the common safety of the vessel, crew, and cargo.

The deviation may result in extraordinary fuel costs, refuge-port expenses, emergency discharge costs, or other expenditures, followed by a declaration of General Average.

The issue is whether the expenditure was incurred for the common safety to avoid loss caused by an insured mine peril, rather than merely because the voyage was delayed or operating costs increased.

Check Item Details to Confirm Main Documents Action if an Issue Arises
Cause of the Peril Whether the mine or similar hazard falls within Article 1 Navigation warning, official announcement, and master’s report Submit the incident-cause evidence to the insurer
Common Safety Whether the measure addressed a common peril to the vessel and cargo General Average declaration, master’s decision, and voyage records Distinguish the action from commercial convenience
Expenditure or Sacrifice Whether the expenditure or sacrifice was extraordinary and reasonably incurred Cost breakdown and adjuster’s documentation Confirm the allowable items with the adjuster and insurer
Guarantee Procedure Whether a General Average Bond or General Average Guarantee is required for cargo release Adjuster’s notice, General Average Bond, and General Average Guarantee Contact the insurer before the cargo-release deadline
Salvage Charges Whether the salvage operation was connected with avoidance of an insured peril Salvage contract, award, and adjustment documents Record General Average and Salvage Charges as separate claim items

Distinction from Additional Costs and Delay Losses

Claim Item Basic Position Clauses or Contracts to Check Practical Note
Loss of or Damage to Cargo The principal subject of Article 1 Article 1, insurance period, and exclusions Confirm the causal relationship between the peril and physical damage
General Average Contribution Potentially covered separately under Article 2 Article 2, the Contract of Carriage, governing law, and practice Confirm the reason for declaration and the insured peril
Salvage Charges Potentially covered separately under Article 2 Article 2 and the salvage contract Confirm the relationship between the salvage operation and the insured peril
Storage Charges and Onward-Transport Costs Not automatically covered merely because Article 1 applies Exclusion clauses, endorsements, B/L, tariff, and quotation Separate insurance recovery from liability under the Contract of Carriage
Delivery Delay and Contractual Penalties Generally examined as delay or commercial loss Article 3.5 and the sales contract Separate from physical cargo damage
Costs Arising from Loss or Frustration of the Voyage or Adventure Article 3.7 may apply Exclusion clauses and the Contract of Carriage Do not confuse Article 3.7 with Termination of the Contract of Carriage under Article 5

Decision Flow for Insured Risks

Step Check Item Decision Branch Practical Response
1 Identify the applicable insurance contract Which Policy or Certificate applies? Match the cargo, B/L, and insurance number
2 Confirm incorporation of the Institute War Clauses (Cargo) Does the standard wording apply, or is it modified? Obtain the Schedule and Endorsements
3 Fix the date, location, and vessel position Do the peril and cargo incident form part of the same factual sequence? Organize AIS, Port Logs, and incident reports
4 Check for an Article 1.1 peril Was there war, civil war, civil strife, or a hostile act? Collect multiple objective sources
5 Check for capture, seizure, arrest, restraint, or detainment What act occurred, and what was its legal and factual basis? Obtain the original notice, order, and issuing-authority information
6 Confirm the causal connection with Article 1.1 Did the act arise from a war peril, or from an administrative, sanctions, judicial, or commercial reason? Organize the reason and legal basis for the restriction
7 Confirm consequences or attempted acts Is there a continuous causal link between the consequence or attempted act and cargo damage? Prepare a timeline of threat, pursuit, avoidance, and damage
8 Check for abandoned weapons Was a mine, torpedo, bomb, or other abandoned weapon involved? Obtain official and technical cause reports
9 Distinguish among piracy, terrorism, riots, and hostile acts Should the event be examined under the War Clauses, Strikes Clauses, standard ICC, or an endorsement? Organize the actor, motive, location, and purpose
10 Confirm physical loss of or damage to cargo Was there physical damage, or only delay and additional costs? Secure surveys, photographs, and inspection records
11 Confirm causation What were the proximate and contributing causes? Break down the incident by cause
12 Confirm the insurance period Did the incident occur after loading on board and before the applicable termination point? Apply the Article 5 period rules
13 Check the mine and torpedo extension Did the incident occur during lighter transport and within the applicable 60-day limit? Confirm the transport equipment, direction, discharge date, and incident date
14 Check General Average and Salvage Charges Does Article 2 apply? Submit the declaration, adjuster’s material, and salvage documentation
15 Check Articles 3 and 4 Does a delay, voyage-frustration, nuclear, unseaworthiness, or unsuitability exclusion apply? Assess the exclusions separately
16 Check liabilities under the Contract of Carriage Have insurance recovery and contractual cost liability been distinguished? Review the Master B/L, House B/L, Standard Trading Conditions, tariff, and quotation

Common Practical Issues

Case Main Issue Evidence Initial Response
Container cargo damaged by military attack Article 1.1 and causation Official announcements, master’s report, and survey Preserve evidence of the attack and cargo damage
Port damaged during low-intensity domestic armed conflict Civil strife versus riot or civil commotion Organization, weapons, duration, and political structure Refer both the War Clauses and Strikes Clauses to the insurer
Seizure by a party to a conflict Whether Article 1.2 arose from Article 1.1 Seizure order, shipping line notice, and vessel records Confirm the original order and issuing authority
Customs detention described as “detention” Difference between the document terminology and the insured peril Customs notice, legal basis, and declaration documents Assess the reason for the measure, not the label
Cargo withheld under sanctions Article 1.2, sanctions clause, and payment restrictions Sanctions notice, party information, and insurance Endorsement Contact the insurer and legal adviser promptly
Vessel and cargo damaged by an abandoned mine Article 1.3, insurance period, and General Average Accident investigation, navigation warning, and survey Identify the weapon and incident location
Cargo damaged by a sunken mine during lighter transport Article 5.4 extension and the 60-day limit Discharge date, lighter record, and incident date Confirm the transport direction and commencement of the period
Motive of an armed-group attack is unclear Piracy, terrorism, or hostile act Demands, actor, location, and statement Review all potentially applicable clauses
General Average declared to avoid a mine hazard Article 2, common safety, and causation Declaration, warning, master’s report, and adjustment documents Coordinate the guarantee procedure with the insurer
Storage charges arise after a port closure without cargo damage Physical loss under Article 1 versus contractual additional costs Cargo inspection, cost breakdown, B/L, and tariff Separate insurance recovery from contractual liability

Scope of Freight Forwarder Involvement

Operational Situation What the Freight Forwarder Can Assist With What the Freight Forwarder Should Not Decide Main Parties to Consult Practical Handling
Applicable Clause Collect the Policy, Certificate, Schedule, and Endorsements Final insurance-coverage decision Shipper, insurer, and insurance agent Separate the War Clauses, Strikes Clauses, and standard ICC
War-Risk Facts Collect official announcements, navigation warnings, and shipping line notices Final classification of armed conflict or hostile act Shipping line, authorities, and insurer Preserve original material and transmission times
Vessel Position and Route Organize AIS, Port Logs, and route-change notices Final determination of causation Shipping line, NVOCC, and insurer Fix the incident time and location
Capture, Seizure, Arrest, Restraint, or Detainment Organize the original order, issuing authority, reason, scope, and duration Final legal classification of the act Shipping line, authorities, insurer, and legal adviser where needed Do not classify the event by a translated term alone
Sanctions and Administrative Measures Collect official notices, sanctions basis, and customs documents Final sanctions-law determination Shipper, authorities, insurer, and legal adviser Separate the War Clauses from the sanctions clause
Cargo Damage Coordinate photographs, survey, inspection, and quantity and quality records Final determination of cause and quantum Cargo owner, shipper, warehouse, and surveyor Separate physical damage from delay and financial loss
Mines and Abandoned Weapons Organize the incident location, weapon information, lighter transport, and discharge date Final technical identification of the weapon Shipping line, authorities, technical experts, and insurer Separate Article 1.3 from Article 5.4
General Average and Salvage Charges Coordinate the declaration, General Average Bond, General Average Guarantee, and salvage documents Final adjustment of allowable items or contribution amount Shipping line, General Average Adjuster, insurer, and salvor Complete guarantee procedures before the cargo-release deadline
Additional Charges Separate storage, handling, onward-transport, additional-freight, and arrangement charges That every charge is covered by insurance Shipper, shipping line, NVOCC, freight forwarder, and insurer Separate insurance, B/L, tariff, and quotation issues
Preservation of Rights against Third Parties Support Claim Letters, notice-period control, and evidence preservation Final legal liability of the shipping line, NVOCC, warehouse, or other party Shipping line, NVOCC, warehouse, and legal adviser Proceed in parallel with notification to the insurer

Documents to Check for Allocation of Additional Costs

Where a war risk results in route alteration, alternative-port discharge, port waiting, Termination of the Contract of Carriage, onward transport, storage, or other additional operations, insurance coverage and contractual cost allocation must be assessed separately.

The analysis should identify who made the operational decision, which contract term or tariff authorizes the charge, whether the condition was presented before the cost arose, and whether the relevant party agreed to the condition.

Document Main Points to Confirm Relationship with Cost Allocation Main Parties Action if an Issue Arises
Master B/L Terms Shipping line’s rights concerning route alteration, alternative-port discharge, transshipment, cargo collection, lien, additional charges, and Termination of the Contract of Carriage Provides the potential contractual basis for charges by the shipping line to the NVOCC Shipping Line and NVOCC Match the relied-upon clause with each invoiced cost
House B/L Terms NVOCC’s rights concerning route alteration, substitute carriage, additional charges, shipper obligations, lien, and liability limitations Determines whether the NVOCC may pass shipping line or independently incurred costs to the shipper NVOCC and shipper Compare the Master B/L and House B/L rights and cost provisions
Quotation or Freight Offer Included charges, separately payable actual costs, War Risk Surcharge, port charges, storage, and onward-transport costs Determines whether the charge was included in the agreed freight or separately chargeable Shipper, NVOCC, and freight forwarder Identify the precise cost items covered by expressions such as “at cost” or “payable separately”
Booking Confirmation or Shipping Instruction Agreed route, transshipment ports, destination, freight rate, special conditions, and instructions Provides the baseline against which later changes are compared Shipping line, NVOCC, and shipper Determine whether the later arrangement fell within the original Contract of Carriage
Standard Trading Conditions Freight forwarder’s role as intermediary, agent, or contracting carrier; additional charges; subcontractors; indemnities; notice periods; and time bars Determines whether the freight forwarder is personally liable or may recover the cost from the shipper Freight forwarder and shipper Confirm prior presentation, agreement, and effective incorporation into the contract
Tariff or Surcharge Schedule War Risk Surcharge, Emergency Risk Surcharge, Congestion Surcharge, Diversion Fee, and calculation method Provides the amount and calculation basis for additional charges Shipping Line and NVOCC Check the effective date, route, unit of charge, currency, and any minimum charge
War Risk Surcharge Notice Affected area, voyage, effective date, amount, amendment, and withdrawal conditions Provides the asserted basis for an additional freight charge connected with war risk Shipping Line, NVOCC, and shipper Confirm whether the notice was given at booking or before loading
Route-Alteration or Alternative-Port Notice Reason, decision maker, alternative port, cargo treatment, and proposed onward movement Identifies whether the cost arose from the shipping line’s discretion, an authority order, or the shipper’s instruction Shipping Line, NVOCC, and shipper Record the time of notice and whether the cost was explained before it was incurred
Notice of Termination of the Contract of Carriage Place and time of termination, cargo location, collection deadline, and responsibility for onward transport Identifies where the original Contract of Carriage ended and whether subsequent movement constitutes a new arrangement Shipping Line, NVOCC, and shipper Distinguish Termination of the Contract of Carriage from temporary transshipment
Shipper’s Instructions and Approval Records Instructions or approval concerning alternative-port discharge, storage, return, disposal, onward sea transport, or air transport Determines whether the charge arose from a specific choice made by the shipper Shipper, NVOCC, and freight forwarder Preserve written records of the date, conditions, and cost explanation
Orders for Storage, Handling, or Onward Transport Ordering party, contractor, scope, price, period, and cancellation terms Shows whether the NVOCC or freight forwarder contracted in its own name or acted as agent for the shipper Warehouse, terminal, inland carrier, airline, NVOCC, and freight forwarder Identify the contracting party and contractual capacity
Invoices and Cost Breakdowns Storage, handling, onward transport, additional freight, return, documentation, and arrangement fees Distinguishes actual third-party costs from commissions, mark-ups, or administrative charges Shipping Line, NVOCC, warehouse, and freight forwarder Reconcile the item, period, quantity, rate, currency, and tax treatment
Insurer Notification and Response Potential cover, General Average, Salvage Charges, loss-mitigation expenses, prior approval, and excluded costs Identifies which contractual costs may be recoverable through cargo insurance Insurer and insurance agent Do not assume that denial of insurance automatically determines contractual liability
General Average Documents General Average declaration, General Average Bond, General Average Guarantee, and adjuster’s notice Distinguishes a General Average contribution from ordinary storage or onward-transport charges Shipping Line, General Average Adjuster, and insurer Separate adjusted General Average items from costs borne individually

Practical Steps for Organizing Cost Allocation

Step Matter to Confirm Decision Branch Practical Action
1 Break down each cost item Additional freight, storage, handling, onward transport, General Average, or Salvage Charges Organize invoices by item, period, and location
2 Identify who caused or authorized the cost Shipping Line, NVOCC, shipper, freight forwarder, or authority Create a chronology of notices, instructions, and orders
3 Check the Master B/L basis Does the shipping line have a contractual right to charge the NVOCC? Match the clause with the invoiced item
4 Check the House B/L and Standard Trading Conditions May the NVOCC or freight forwarder recover the cost from the shipper? Confirm incorporation, prior presentation, and agreement
5 Check the quotation and tariff Was the cost included in the agreed freight or separately payable? Compare the quotation with the additional invoice
6 Check the shipper’s specific instruction or approval Did the cost result from a choice made by the shipper? Preserve the cost information presented at the time of approval
7 Check whether insurance recovery is available General Average, Salvage Charges, loss-mitigation expenses, or specific Endorsement Ask the insurer to respond by cost item
8 Map the final billing chain Shipping Line to NVOCC, NVOCC to shipper, or freight forwarder to shipper State the contractual basis, actual cost, fee, currency, and tax for each claim

The fact that an NVOCC or freight forwarder has been charged by a shipping line does not by itself establish a right to pass that charge to the shipper.

Conversely, a cost that is not recoverable under cargo insurance may nevertheless be payable by the shipper under the Master B/L, House B/L, Standard Trading Conditions, tariff, quotation, or a specific instruction.

In practice, a cost-allocation schedule should be prepared for each item, showing the cause of the cost, ordering party, claimant, contractual basis, prior presentation and agreement, and possibility of insurance recovery.

Practical Scenario 1: A Cargo Vessel Is Seized by a Party to the Conflict

Assume that a cargo vessel is seized during the voyage by the military organization of a party to a conflict and the cargo can no longer be delivered.

The first issue is whether the seizure arose from war, civil war, or a hostile act under Article 1.1.

The original seizure order, issuing authority, military basis, vessel flag, vessel ownership, route, cargo, incident location, and shipping line notice should be organized chronologically.

If the cargo has sustained physical loss or damage, the causal relationship with Article 1.2 must be assessed.

If there is no physical damage and the claim concerns only delayed delivery, Article 3.5 on delay and Article 3.7 on loss or frustration of the voyage or adventure should also be examined.

Practical Scenario 2: Cargo Damage Caused by an Abandoned Mine

Assume that a vessel contacts an abandoned mine on its route, causing damage to the vessel and cargo.

The issue is whether the incident was caused by an abandoned weapon of war rather than by ordinary grounding, collision, fire, or machinery failure.

Relevant documents include navigation warnings, official accident investigation, master’s report, hull-damage report, cargo survey, and technical information concerning the explosive device.

If the vessel deviates to a safe port, conducts emergency discharge, or receives salvage assistance for the common safety, General Average and Salvage Charges under Article 2 should also be considered.

If the incident occurred during lighter transport, the Article 5.4 weapon scope, direction of transport, discharge date, and 60-day limit must be confirmed separately.

Practical Scenario 3: It Is Unclear Whether an Armed-Group Attack Was Piracy or a Hostile Act

Assume that an armed group attacks a vessel and damages or seizes the cargo.

If the attack was committed for ransom, money, or property, it may be examined as piracy or armed robbery under the standard ICC or an endorsement.

If it was committed by a state, military force, organized anti-government force, or other party to a conflict for military purposes, Article 1.1 may be relevant.

If it involved organized violence intended to influence or overthrow a government, or was motivated by political, ideological, or religious reasons, the Institute Strikes Clauses (Cargo) should also be reviewed.

The actor, demands, statements, location, selected target, and official classification must be examined rather than relying on the description used in a single report.

Practical Scenario 4: Cargo Is Detained under Sanctions

Assume that port or customs authorities detain cargo because of a connection with a sanctioned country, entity, or product.

The use of words such as seizure, restraint, arrest, or detention does not by itself establish an Article 1.2 peril.

The basis of the restriction must be identified as an Article 1.1 war peril, sanctions law, export or import regulation, declaration deficiency, court process, or administrative action.

Even where the incident might otherwise fall within Article 1, a Sanction Limitation and Exclusion Clause may restrict insurance cover or payment.

The authority notice, sanctions basis, party details, cargo information, B/L, invoice, and insurance Endorsements should be submitted to the insurer.

Practical Scenario 5: Port Closure Causes Additional Charges without Cargo Damage

Assume that a destination port closes because of war risk, the vessel proceeds to another port, and storage, handling, onward-transport, and additional-freight charges arise.

If the cargo itself has not sustained loss or damage, those costs must be considered separately from Article 1 cargo damage.

If the expenditure forms part of General Average or Salvage Charges incurred for common safety, Article 2 may apply.

If the costs arise merely from deviation, delay, Termination of the Contract of Carriage, storage, or onward transport, Article 3.7, specific Endorsements, the B/L terms, tariff, and quotation must be examined.

The NVOCC and freight forwarder should separately explain insurance recovery and contractual cost liability.

Common Misunderstandings

Common Misunderstanding Actual Approach Practical Note
All war-related loss is covered whenever the War Clauses are attached The Article 1 peril, cargo damage, insurance period, and exclusions must all be confirmed Separate the background event from the immediate cause
An incident in a high-risk area automatically falls within the War Clauses A causal connection with a listed Article 1 peril is required Consider ordinary fire, collision, theft, or cargo-handling causes
Use of the words capture, seizure, arrest, restraint, or detention automatically establishes coverage Under the standard wording, the act must arise from an Article 1.1 peril Check the original order, actor, authority, legal basis, and reason
The Article 1.2 terms have fixed one-to-one meanings The concepts overlap and their legal meaning depends on the facts and legal basis Do not determine coverage from a translated term
A customs seizure is a war-risk seizure Administrative enforcement is generally a separate matter Confirm the legal basis and relationship with Article 1.1
Sanctions detention is always payable under the War Clauses The sanctions basis, insured peril, and sanctions clause must be reviewed separately Insurance payment may be prohibited or restricted
All piracy is covered under the War Clauses Piracy is excepted from the ICC(A) war exclusion For ICC(B) and ICC(C), review the relevant piracy Endorsement
Every politically motivated act falls under the War Clauses Terrorism and politically motivated acts may fall primarily under the Strikes Clauses Distinguish them from hostile acts by or against belligerents
Every riot is civil strife under the War Clauses Organization, force, continuity, political structure, and relationship with armed conflict must be considered Review riot and civil commotion under the Strikes Clauses
Abandoned bombs are covered by the Article 5.4 60-day mine extension The extension is limited to floating or sunken mines and abandoned torpedoes Separate Article 1.3 from Article 5.4
A General Average declaration automatically produces payment under the War Clauses The insured peril, common safety, causation, and adjustment basis must be confirmed Review the declaration reason and adjuster’s documents
All additional costs following a port closure are covered Physical cargo damage, General Average, delay, voyage-frustration costs, and contractual charges must be separated Review the B/L, tariff, and quotation
If insurance does not pay, the NVOCC or freight forwarder must bear the cost Insurance coverage and liability under the Contract of Carriage are separate issues Check the House B/L, Standard Trading Conditions, and quotation

Decision Checklist

Situation for Confirmation Party to Confirm With Items to Confirm Action if Issues Are Found
Insurance Contract Policyholder, insurer, and insurance agent Policy, Certificate, insured cargo, and clause edition Obtain the complete set of applicable documents
War Clauses Incorporation Insurer and insurance agent Standard wording, amendments, Endorsements, and sanctions provision Obtain written confirmation
Date and Location of Incident Shipping line, NVOCC, port authority, and shipper Vessel position, cargo position, and incident time Cross-check AIS, Port Logs, and incident reports
War, Civil War, and Related Events Authorities, shipping line, and insurer Actor, military background, belligerent parties, and target Collect multiple independent sources
Civil Strife, Riot, or Civil Commotion Authorities, insurer, and adviser where necessary Organization, use of force, continuity, and political objective Refer both the War Clauses and Strikes Clauses
Capture, Seizure, Arrest, Restraint, or Detainment Shipping line, authorities, and insurer Original wording, actor, authority, reason, scope, and duration Submit the original source material
Administrative Measure or Sanction Authorities, shipper, insurer, and legal adviser Legal basis, affected party or cargo, and sanctions provision Separate the measure from the alleged war peril
Piracy or Armed Robbery Shipping line, authorities, and insurer Location, private motive, demands, and actor Check the ICC and piracy Endorsement
Terrorism or Political Motive Authorities and insurer Organization, motive, and intent to influence government Check the Strikes Clauses
Abandoned Weapon Authorities, technical expert, shipping line, and insurer Weapon type, abandonment, and accident cause Obtain technical appraisal and accident investigation
Cargo Damage Cargo owner, shipper, warehouse, and surveyor Loss or damage, occurrence time, and immediate cause Preserve the site, take photographs, and arrange a survey
Insurance Period Shipping line, terminal, and insurer Loading on board, arrival, discharge, and the 15-day period Calculate the War Clauses insurance period
Mine and Torpedo Extension Shipping line, lighter operator, and insurer Weapon, transport equipment, direction, discharge date, and incident date Apply the limited Article 5.4 scope
General Average Shipping line, General Average Adjuster, and insurer Reason for declaration, insured peril, guarantee, and contribution claim Submit the claim under Article 2
Salvage Charges Shipping line, salvor, and insurer Salvage contract, peril, work, and amount Confirm the causal relationship with Article 2
Additional Charges Shipper, shipping line, NVOCC, freight forwarder, and insurer Storage, handling, onward transport, additional freight, and contractual basis Separate the insurance, B/L, tariff, and quotation analysis
Rights against Third Parties Shipping line, NVOCC, warehouse, and legal adviser Claim Letter, notice deadline, liability limit, and time bar Preserve rights while pursuing the insurance claim

Documents to Be Checked in Practice

Document Category Specific Documents Information to Confirm Source Practical Note
Insurance Contract Policy, Certificate, Schedule, and Endorsements War Clauses, Strikes Clauses, amendments, and sanctions provision Policyholder and insurer Match the documents with the cargo and voyage
Military and Political Information Government, military, international-organization, and maritime-authority announcements War, civil war, hostile acts, blockade, and danger zones Relevant authorities Preserve publication time and revision history
Vessel Status AIS, Port Logs, voyage records, and Statement of Facts Vessel location, route, stoppage, avoidance, and detainment Shipping line and port authority Use a consistent time zone
Shipping Line and NVOCC Notices Incident notice, route alteration, capture or detainment notice, and alternative-port discharge notice Operational facts and chronology Shipping line and NVOCC Retain the original text
Capture, Detainment, and Administrative Measures Seizure order, customs notice, quarantine notice, sanctions notice, and court order Issuing authority, legal basis, reason, target, and duration Authorities, shipping line, and shipper Do not classify the event from the terminology alone
Cargo Damage Photographs, Survey Report, inspection record, and quantity and quality data Loss or damage, timing, and cause Cargo owner, shipper, warehouse, and surveyor Preserve originals and metadata
Abandoned Weapons Ordnance analysis, accident investigation, navigation warning, and hull-damage record Weapon type, abandonment, and incident location Authorities, technical expert, and shipping line Separate from ordinary marine casualty causes
Insurance Period Stowage Plan, Loading Record, Discharge Report, and EIR Loading, discharge, and insurance period for each cargo unit Shipping line and terminal Distinguish planned loading from actual loading
Lighter or Barge Transport Operation log, cargo handover record, discharge date, and incident date Article 5.4 transport segment and 60-day limit Lighter operator, shipping line, and terminal Confirm whether the cargo was moving to or from the ocean-going vessel
General Average General Average declaration, General Average Bond, and General Average Guarantee Reason for declaration, guarantee, and contribution claim Shipping line and General Average Adjuster Confirm the causal connection with the insured peril
Salvage Charges Salvage contract, award, operation report, and cost breakdown Purpose of salvage, peril, work, and amount Salvor and shipping line Record separately from General Average
Contract of Carriage Master B/L, House B/L, Standard Trading Conditions, tariff, and quotation Route-alteration rights, lien, additional charges, termination rights, and liability limits Shipping line, NVOCC, freight forwarder, and shipper Do not confuse insurance coverage with contractual liability
Preservation of Rights Claim Letter, receipt record, and deadline-control sheet Claims against third parties Shipping line, NVOCC, and warehouse Proceed separately from insurer notification

Practical Points of Caution

The insured risks under the Institute War Clauses (Cargo) should not be assessed solely by reference to the terminology used in a news report, shipping line notice, authority notice, or translated document.

In particular, capture, seizure, arrest, restraint, and detainment overlap but are not identical concepts.

The assessment should consider the original wording, actor, authority, reason, degree of control over the vessel or cargo, duration, conditions for release, and causal relationship with Article 1.1.

Piracy, armed robbery, terrorism, politically motivated acts, riots, civil commotion, civil strife, and hostile acts may require examination under different clauses depending on the actor, purpose, organization, use of force, and location.

For abandoned weapons, Article 1.3 and the narrower Article 5.4 extension for floating or sunken mines and abandoned torpedoes during lighter transport must be assessed separately.

Whether cargo insurance responds and who bears additional costs under the Master B/L, House B/L, Standard Trading Conditions, tariff, or quotation are separate questions.

Summary

The insured risks under the Institute War Clauses (Cargo) define the causes of loss of or damage to insured cargo that may be covered even though those causes are normally excluded under ICC(A), ICC(B), and ICC(C).

Article 1.1 covers war, civil war, revolution, rebellion, insurrection, civil strife arising from those events, and hostile acts by or against belligerents.

Article 1.2 covers capture, seizure, arrest, restraint, and detainment arising from those perils, together with consequences of, or attempts at, those acts.

The Article 1.2 terms overlap in meaning and should not be applied solely by reference to a translated expression. The original wording, actor, authority, reason, and causal connection must be examined.

Under the standard wording, an Article 1.2 act must arise from an Article 1.1 peril, although individual Endorsements may extend or modify that causal requirement.

Article 1.3 covers cargo damage caused by abandoned mines, torpedoes, bombs, and other abandoned weapons of war.

The Article 5.4 extension during lighter transport is narrower and applies to floating or sunken mines and abandoned torpedoes, generally subject to a 60-day limit following discharge from the ocean-going vessel unless otherwise agreed.

Article 2 covers General Average and Salvage Charges incurred to avoid, or in connection with avoiding, loss caused by an insured war peril, where those charges are adjusted or determined under the Contract of Carriage, governing law, or practice.

Piracy, armed robbery, terrorism, politically or ideologically motivated acts, riots, administrative measures, sanctions, and commercial detention must not be classified collectively under the War Clauses. The standard ICC, Institute Strikes Clauses (Cargo), Endorsements, sanctions provisions, and the Contract of Carriage must be reviewed separately.

In practice, the insurance documents, official announcements, shipping line notices, vessel records, restraint or detention orders, incident reports, surveys, General Average documents, B/Ls, cost breakdowns, and insurer responses should be organized chronologically to distinguish the insured peril, cargo damage, insurance period, exclusions, cost coverage, and contractual liability.

Please consult the insurance company, insurance agent, or other responsible party before making a final decision.