Institute War Clauses (Cargo) — Scope of War-Risk Coverage and Insurance Period

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 Institute War Clauses (Cargo)

The Institute War Clauses (Cargo) are association war risk clauses in marine cargo insurance that provide separate coverage for war risks, which are generally excluded under the standard Institute Cargo Clauses.

Under the usual ICC(A), ICC(B), and ICC(C), war, civil war, revolution, rebellion, related internal strife, hostile acts by or against a belligerent power, capture, seizure, arrest, restraint, or detainment arising from those risks, and damage caused by abandoned mines, torpedoes, bombs, and other abandoned weapons of war are generally excluded.

Therefore, to have coverage for these risks, it is necessary to confirm whether the Institute War Clauses (Cargo) are attached to the insurance contract in addition to the standard ICC clauses.

However, this clause does not cover all losses, costs, or delays arising from war or conflict.

The primary focus is on loss or damage to the insured cargo caused by the war risks enumerated in the clause. Issues such as route changes, port closures, delivery delays, additional storage charges, transshipment costs, and loss of sales opportunities should be distinguished from physical damage to the cargo itself.

Additionally, the Institute War Clauses (Cargo) specify an insurance period different from that of the standard ICC clauses. Generally, coverage begins at loading onto an ocean-going vessel and ends after unloading or 15 days after arrival, so it should not be managed in the same way as typical warehouse-to-warehouse insurance.

Scope Covered in This Article

Item Contents Covered in This Article Contents Covered in Other Articles in Detail
Position of the Clause The role as an ancillary clause providing separate coverage for war risks which are usually excluded under standard ICC Covered perils and war risk exclusions under ICC(A), ICC(B), ICC(C) respectively
Role within the Series As the entry point to the Institute War Clauses (Cargo) series, organizing the review sequence and overall structure Detailed interpretation of insured perils, insurance periods and voyage deviations, and exclusions
Insured Perils Overview of war, civil war, revolution, rebellion, hostile acts, capture, seizure, arrest, restraint, detainment, and abandoned weapons Establishment conditions of each insured peril, causation, and evidence evaluation
Determining War Risks Objective documents to verify government and military actions, parties to hostilities, and official announcements Legal recognition of armed conflicts under national laws and final legal assessments under international law
Capture, Seizure, Arrest, Restraint, and Detainment Basic distinctions between war-risk-related arrest, restraint, or detainment and customs, sanctions, or administrative actions Final determinations of capture and seizure in individual cases
Insurance Period Loading onto ocean-going vessels, final discharge, the 15-day clause, overview of intermediate and refuge ports Insurance period and voyage deviations under the Institute War Clauses (Cargo)
Duration of Mine Risks Extension to barge transport, and 60-day limit regarding floating/sunken mines and abandoned torpedoes Individual calculation of mine risk periods and special agreements
Voyage Deviations and Termination of the Contract of Carriage Discharge at alternative ports, deviation from route, transshipment, onward shipment, notifications, and the sequence for confirming any additional insurance premium Interpretation of voyage deviation and insurance period Articles
Exclusions and Non-covered Risks Separation from delay, loss or interruption of shipping business, nuclear weapons, unseaworthiness, and unsuitability Exclusion Articles of the Institute War Clauses (Cargo)
General Average and Salvage Charges Basic framework of General Average and salvage charges arising to avoid insured war risks Details of General Average contribution amounts, General Average Bond, and General Average Guarantee
NVOCC and Freight Forwarders Notification to insurers, organization of routes and cargo movements, contractual confirmation of additional charges NVOCC liability, forwarder liability, liability limitations, notification deadlines, and litigation periods
Cargo Incident Response Initial response flow, required documents, damage mitigation, and rights protection vis-à-vis third parties Insurance claim documents, damage amounts, subrogation, and litigation assessments

How to Read the Institute War Clauses(Cargo) Series

Article Main Role Contents to Confirm When to Read First Next Items to Check
What Are the Institute War Clauses(Cargo) Introduction / Overview Positioning of the Clauses, Differences from Other Clauses, Duration Structure, Order of Confirmation When Reviewing War Risks Clauses for the First Time Proceed to Covered Risks, Duration, and Exclusions Depending on the Incident Details
Covered Risks under the Institute War Clauses(Cargo) Detailed Classification of Insured Risks War, Civil War, Hostilities, Capture, Seizure, Arrest, Restraint, and Detainment, Abandoned Weapons, etc. When Confirming Whether the Cause of the Incident Falls under War Risks Check Whether It Is within the Insurance Period and Whether There Are Any Exclusions
Insurance Period and Voyage Changes in the Institute War Clauses(Cargo) Detailed Classification of Duration and Route Changes Loading, Unloading, 15-Day Period, Transshipment, Onward Shipment, Change of Destination When There Is Port Closure, Discharge at Alternative Port, Transshipment, or Termination of the Contract of Carriage Check Notifications, Additional Premiums, and Exclusions
Exclusion Provisions of the Institute War Clauses(Cargo) Detailed Classification of Non-Indemnifiable Losses and Costs Delay, Interruption of Voyage, Nuclear Weapons, Unseaworthiness / Unsuitability, etc. When There Is Dispute over Payment of Insurance Despite the Existence of Covered Risks Check Cause of Loss, Causation, and Special Agreements

Purpose and Background of the System

In marine cargo insurance for overseas shipments, standard transport risks such as fire, grounding, sinking, collision, seawater ingress, and cargo shifting are treated separately from war risks including war, civil war, and military hostilities.

War risks differ from ordinary transport incidents in frequency of occurrence, scale of damage, concentration, regional focus, and volatility due to political situations. Insurers need to manage underwriting conditions, routes, regions, and premiums flexibly.

Therefore, standard ICC(A), ICC(B), and ICC(C) exclude war risks, which are instead covered under separate clauses such as the Institute War Clauses (Cargo), defining the scope of coverage and insurance period.

An important characteristic of the Institute War Clauses (Cargo) is that its insurance period is closely linked to sea navigation by ocean-going vessels, more so than the standard ICC terms.

While standard ICC terms generally cover the cargo from warehouse to warehouse along the transport chain, war risk clauses typically begin once the cargo is loaded onto the ocean-going vessel and end after unloading or after a limited period post-arrival.

Therefore, in the case of war risk incidents, it is necessary to precisely confirm not only the cause of the incident but also the exact location of the cargo at the time of the event—whether on a specific vessel, at a port, on a barge, in a warehouse, or at a transshipment point.

Basic Structure of the Clause

Clause Section Main Content War Clause Specific Issues Key Reference Materials Details to Confirm
Covered Risks War, civil war, revolution, rebellion, internal strife, hostile acts, etc. Presence or absence of military, national, or hostile background Government and military authority announcements, accident reports, voyage records Article on Covered Risks
Capture, Seizure, Arrest, Restraint, and Detainment Capture, seizure, arrest, restraint, and detainment arising from insured war risks Distinction from ordinary administrative, customs, or sanction measures Arrest, restraint, or detainment orders and official notices, shipping line notices Article on Covered Risks
Abandoned Weapons Abandoned mines, torpedoes, bombs, and other war devices Accidents caused by contact after the end of war could also be an issue Marine casualty reports, military and coast guard announcements, survey reports Article on Covered Risks
General Average and Salvage Charges General average and salvage charges incurred to avoid loss from covered war risks Relationship between expenditures for common safety and covered war risks General average declarations, adjusters' notices, guarantees Articles related to General Average
Exclusion Clauses Delay, abandonment of voyage, nuclear weapons, unseaworthiness, and unfitness Costs and indirect damages should be confirmed separately even if war is the background Damage cause materials, cost details, contract of carriage Article on Exclusion Clauses
Insurance Period Loading onto ocean-going vessel, unloading, 15 days after arrival, etc. May be a narrower period compared to standard warehouse-to-warehouse insurance Loading records, unloading records, AIS, port logs Articles on Insurance Period and Voyage Changes
Intermediate and Refuge Ports 15 days at intermediate or refuge ports, resumption upon reloading for onward shipment Coverage gaps after 15 days and resumption upon reloading Transshipment plans, unloading and reloading records Articles on Insurance Period and Voyage Changes
Termination of the Contract of Carriage Treatment of termination port as final unloading port, resumption upon reloading for onward shipment Prior notice before onward shipment and any additional insurance premium Termination notices, onward shipment instructions, insurer responses Articles on Insurance Period and Voyage Changes
Voyage Changes Change of destination, deviation, exercise of carrier's discretionary rights Timely notification and agreement on rates and conditions Change instructions, Bill of Lading, communications with insurer Articles on Insurance Period and Voyage Changes
Claims and Loss Mitigation Insurable interest, insurance benefits, loss mitigation, preservation of rights, etc. Clause structure common with ICC2009 main body Sales contracts, Claim Letters, notification records Articles on Common Clauses of ICC2009

Situations Where the Institute War Clauses(Cargo) Are Relevant

Situation Reason for Confirmation Main Issues Primary Documents Other Contracts/Clauses to Check
Transportation through conflict zones Standard ICC does not cover war risks Inclusion of War Clauses, route, additional insurance premium Insurance policy, shipping route, booking, insurer’s notice B/L, war risks endorsement
Armed attack on the vessel To verify causal relationship between hostile acts and cargo damage Attacker identity, military background, cargo damage Captain’s report, official announcements, survey report Standard ICC, War Clauses
Capture, seizure, arrest, restraint, or detainment of vessel or cargo To confirm whether the restriction arises from covered war risks Authority involved, reason for the arrest, restraint, or detainment, relation to covered risks Arrest, restraint, or detainment orders, government announcements, shipping line notices B/L, sanction and administrative procedure documents
Arrest, Restraint, or Detainment for Military Reasons To distinguish from ordinary port congestion or administrative inspection Military/political background, inability to deliver cargo Authority notices, port records, cargo movement data Contract of Carriage, storage agreement
Contact with abandoned mines or torpedoes To verify specific period rules for abandoned weapons hazards Type of weapon, timing of incident, position on barge/vessel Marine casualty report, military authority announcements, survey report Period provisions for mine risks
Military blockade or closure of destination port Alternate unloading, voyage change, and additional costs may arise Cargo damage or delay/cost issues Port closure notices, shipping line notices, B/L Discretionary clause, additional charges clause
Unloading at intermediate or refuge port To confirm the 15-day rule and resumption on reloading Arrival date, unloading location, reloading date Port log, Equipment Interchange Receipt (EIR), transshipment records Insurance period clause
Termination of the Contract of Carriage The port of termination is treated as the final discharge port End of insurance period, notification before onward shipment, and additional premium Termination notice, cargo location, insurer response House B/L, standard trading conditions
General average to avoid war risks Potential coverage of general average and salvage charges Common safety, abnormal expenses, relation to covered risks General average declaration, adjuster documents, guarantees Contract of Carriage, York-Antwerp Rules

Application Requirements and Exclusions List

Verification Item Positive Requirement Insufficient Fact Alone Outside the Scope of This Article Practical Measures
Inclusion of Clause Confirmed attachment of the Institute War Clauses (Cargo) in the Policy, Certificate, Schedule, etc. Only the fact that ICC(A) is attached Final interpretation of contract if contract documents are missing Obtain clause name, version, effective date, and Endorsement
War, Civil War, etc. Objective evidence confirming war, civil war, revolution, rebellion, domestic conflict, etc. Only the fact that the incident occurred in a conflict zone Final determination of armed conflict under international or domestic law Collect announcements from government, military, international organizations, etc.
Hostile Acts Confirmed as hostile acts committed by or against belligerents Only the fact that weapons or explosives were used Final liability determination as a criminal case Clarify the actor, target, purpose, and background
Capture, Seizure, Arrest, Restraint, and Detainment Capture, seizure, arrest, restraint, or detainment arising from covered war risks Only the fact that cargo or vessel was stopped by authorities Lawfulness of administrative actions based on sanction laws, customs laws, etc. Confirm the acting authority, legal basis, and relation to covered war risks
Abandoned Weapons Contact or explosion with abandoned mines, torpedoes, bombs, etc., causing cargo damage Only the fact that an underwater explosion occurred Final identification of weapon manufacturer or user country Secure information from military authorities, coast guard, survey reports
Loss or Damage to Cargo Causal link between insured peril and physical damage to insured cargo Only the fact that the voyage was interrupted or delayed Final damage amount assessment Secure photos, survey reports, conditions before and after the incident
Insurance Period At the time of incident, cargo was within the war clauses specific insurance period Only the fact that it was within the normal ICC main insurance period Final determination when incident timing is unclear Chronologically organize loading, arrival, unloading, transshipment
15-Day Rule Calculation period starts from 12:00 PM on vessel arrival date and unloading time confirmed Only the fact that cargo remained at port for less than 15 days Final interpretation of any period changes by individual endorsements Verify definition of arrival, Port Log, unloading records
60-Day Limit for Mine Risks Conditions met for floating/sunken mines or abandoned torpedoes risk within 60 days post unloading, etc. Understanding that all war weapons are covered for 60 days Extension terms specifically approved by insurer Separately verify weapon type and unloading dates
General Average and Salvage Charges Incurred to avoid losses caused by covered war risks, determined according to contract and applicable law Only the fact that the shipowner declared general average Final calculation of general average contribution ratios and accepted items Submit declaration reasons, adjuster documents, and guarantees to insurer
Additional Charges Justified by general average, salvage charges, individual endorsements, reasonable loss mitigation expenses, etc. Only the fact that expenses were incurred related to war risks Final allocation of costs between contract parties Confirm separately the insurance clauses and contract of carriage bases

Overview of the Main Covered Perils

Covered Peril Basic Description Required Causal Relationship Main Verification Documents Points to Confirm in Detailed Articles
War and Civil War War between nations or armed conflict within a country Damage to cargo caused by war or civil war Government/military announcements, captain’s report, survey Whether formal declaration of war is necessary, nature of armed conflict
Revolution, Rebellion, Insurrection Organized armed actions against government or governing authority Direct link between the act and cargo damage Official announcements, incident records, voyage logs Distinction from riots and civil commotion
Domestic Strife Armed conflicts within a country arising from covered war or civil war risks Relation to the underlying covered peril Military situation reports, government announcements, local reports Distinction from mere public disorder or deterioration of security
Hostile Acts Hostile actions carried out by or against belligerent parties Loss or damage to cargo caused by hostile acts Attack reports, captain’s report, official announcements Boundary with terrorism and malicious damage
Capture, Seizure, Arrest, Restraint, and Detainment Capture, seizure, arrest, restraint, or detainment arising from covered war risks The capture, seizure, arrest, restraint, or detainment must arise from the covered war risks in the first group Arrest, restraint, or detainment orders and official notifications, shipping line reports Distinction from administrative, customs, and sanctions measures
Abandoned Mines, Torpedoes, Bombs, etc. Damage caused by weapons abandoned during past wars or conflicts Impact or explosion from abandoned weapons causing cargo damage Military authority announcements, marine casualty reports, survey Type of weapon and insurance period

Objective Materials to Confirm Applicability of War Risks

The mere fact that an incident occurred in a conflict zone does not necessarily mean the damage falls under war risks covered by the Institute War Clauses (Cargo).

In practice, multiple objective sources are used to verify the responsible party, military background, targets, authority of the officials, incident location, and causal relationship to the cargo damage.

Source Information Confirmed Role as Evidence Points to Note How to Preserve
Official Announcements from Government, Defense, and Military Authorities Armed conflict, attacking party, military actions, affected areas Crucial primary source on war and hostilities Initial announcements may differ from later confirmed information Preserve original text, announcement date and time, PDF, and URL
Navigation Warnings from Coast Guard, Navy, Maritime Authorities Mines, attacks, navigation restrictions, danger zones Primary source linking maritime incidents and hazardous areas Cross-check warning period and actual vessel transit times Save warning number, issue date and time, and affected coordinates
Notices from Port Authorities and Terminals Port closures, entry restrictions, cargo operations suspension, cargo location Primary source to verify logistics progress Closure alone does not prove cargo damage resulted from war risks Preserve circulars, emails, bulletins, and update history
Captain's Reports and Vessel Incident Reports Attacks, explosions, detainment, deviation, cargo damage development Important document linking the incident and cargo damage Distinguish between facts and conjecture Confirm signature, creation date, vessel name, voyage number
Operational Notices from Shipping Lines and NVOCCs Route changes, alternate discharge ports, contract termination, transshipment Documentation on contract of carriage developments Evaluate separately from insurance war risks coverage determination Preserve notice date and time, issuing department, relevant B/L
AIS, Port Logs, Voyage Diaries Vessel position, arrival, anchoring, departure, deviation Supporting materials for insurance period and incident timing Do not rely solely due to possibility of AIS outages or false signals Save acquisition date and time, time zones, original data
Arrest, Restraint, or Detainment Orders and Capture or Seizure Notices Acting authority, legal basis, reasons, and affected vessel and cargo Key documentation on capture, seizure, arrest, restraint, or detainment Confirm whether caused by war risks or administrative action Keep originals, translations, case numbers, issuing authorities
Survey Reports, Photographs, Videos Cargo damage from explosions, shocks, fire, flooding, etc. Evidence of causality and extent of damage Legal classification of war risks should be combined with other sources Preserve original files, metadata, and location details
Reliable Press and Expert Agency Information Incident background, parties involved, regional situation Supplementary material Do not make final coverage decisions based on media alone Keep media source, publication date and time, article copies

Even if the war risks applicability is not confirmed immediately after the incident, cargo location, incident date and time, vessel, route, official announcements, and cargo condition should be reported promptly to the insurer. It is important not to delay the initial report while awaiting final military or political evaluations.

Basic Distinctions between Capture, Seizure, Arrest, Restraint, and Detainment

Term General Meaning War Risks Verification Factors Facts Insufficient by Themselves Main Sources
Capture The vessel or cargo is taken under control in connection with hostile acts or other covered war risks Belligerent parties, military authority, and relation to covered war risks The mere fact that cargo is temporarily withheld Authority orders, military announcements, captain’s reports
Seizure The vessel or cargo is taken or placed under control by a public authority or similar body The seizure must arise from covered war risks The mere fact that customs or port authorities stop the vessel Seizure notices, legal grounds, and official documents
Arrest The vessel or cargo is formally arrested or legally held by an authority The arrest must result from war, civil war, hostile acts, or another covered war risk A stop caused solely by document deficiencies, customs procedures, or safety inspections Arrest orders, port records, and carrier notifications
Restraint Movement, navigation, or disposal of the vessel or cargo is prevented or restricted The restraint must be based on military measures or another covered war risk A restriction caused only by commercial suspension or port congestion Military or maritime authority notices and operational records
Detainment The vessel or cargo is held for a period and cannot proceed or be delivered The detainment must arise from covered war risks Sanctions, creditor claims, customs inspections, or administrative actions alone Detainment orders, statements of reasons, and cargo movement records

In this article, capture, seizure, arrest, restraint, and detainment are used as the clause terms corresponding to the standard English wording. Their Japanese translations do not always correspond one-to-one with these English concepts. The original clause wording, acting authority, legal basis, reason for the restriction, and causal relationship with a covered war risk must therefore be confirmed.

Ordinary customs inspections, violations of import regulations, suspected sanctions violations, creditor enforcement, or detainment due to unpaid port charges do not automatically qualify as war risks, even where operational documents use words such as “seizure” or “detention.”

Comparison of Standard ICC, Strikes Clauses, and War Clauses

Comparison Item Standard ICC (A)(B)(C) Institute Strikes Clauses (Cargo) Institute War Clauses (Cargo) Practical Confirmation Sequence
Main Role Basic clause covering normal transport risks Separately covers strikes, riots, certain terrorism risks, etc. Separately covers war, civil war, hostile acts, abandoned weapons, etc. Classify the accident cause preliminarily and confirm applicable clauses
War and Civil War Generally excluded Generally excluded Confirmed as covered war risks Check parties involved in hostilities, armed acts, and official announcements
Capture, Seizure, Arrest, Restraint, and Detainment Confirm relationship with war exclusion Usually not a primary coverage target Confirm if arising from covered war risks Obtain the grounds for the arrest, restraint, or detainment and the legal basis
Abandoned Mines, Torpedoes, Bombs Confirm relationship with war exclusion Usually not covered Confirmed as covered war risks Check type of weapon, timing of accident, and insurance period
Strikes, Labor Disputes Generally excluded Cover direct cargo damage caused by participants Usually not a primary coverage target Distinguish between labor disputes and military hostilities
Riots, Civil Commotion, Certain Terrorism Acts Generally excluded Confirm actor, motive, and direct damage If escalated to war, civil war, or hostile acts, confirm separately Clarify actors, motives, and military background
Basic Insurance Period Ordinary transport process from warehouse to warehouse Period structure aligned with standard ICC Generally from loading on ocean vessel to unloading plus 15 days Check cargo location at accident time by clause type
Loss Due to Delay Generally excluded Generally excluded even if caused by covered risks Generally excluded even if caused by covered risks Differ between physical damage and costs/indirect loss

Comparison of Insurance Periods Between Standard ICC and War Risks

Items for Confirmation Standard ICC2009 Main Text Institute War Clauses (Cargo) Basis for Period Calculation Practical Notes
Insurance Commencement At the first movement for transport start When the insured cargo or part of it is loaded onto an ocean-going vessel Check individually for each part of the cargo The period may exclude time during factory, warehouse, or inland transportation
Basic Termination at Final Port Upon completion of unloading from the means of transport at the final warehouse, etc. At unloading from the ocean-going vessel, or earlier of unloading date or 15 days after noon on the vessel’s arrival date Confirm both unloading date and vessel arrival date The coverage may end 15 days after arrival even if cargo remains on board
Meaning of Arrival Confirm mainly based on transport progress and unloading operations Anchoring, mooring, or berthing within the port authority’s jurisdiction such as at berth If berth is unavailable, use the first mooring at port or offshore Do not start counting solely from the date of berth arrival
Intermediate Ports and Shelter Ports Confirm whether part of normal transport progress Continues from noon of arrival date for 15 days, then resumes upon loading onto feeder vessel, etc. Confirm arrival date, unloading date, and reloading date Gap period may arise between expiry of 15 days and reloading
Within 15 Days at Intermediate Port May continue if within normal transport process Continues only while cargo remains at the port/location after unloading Confirm cargo location Check with insurer on treatment if cargo is moved elsewhere
Termination of the Contract of Carriage Confirm notification and continuation conditions Termination port is treated as final unloading port; applies specified termination Confirm termination notice, arrival, and unloading Prior notice and additional premium are required for onward shipment
Onward Shipment Confirm normal transport progress and destination change Resumes upon loading onto feeder ocean-going vessel after unloading Confirm loading date and time Notify the insurer before onward shipment begins
Re-departure Without Unloading May be considered continuous transport Resumes when the vessel departs under specified conditions Confirm departure time Check notification and additional premium conditions
Drifting and Sunken Mines, Abandoned Torpedoes Check in relation to normal war exclusions Extended to lighter transport to/from ocean-going vessel but generally not over 60 days after unloading Confirm type of weapon, lighter transport, and unloading date Not all abandoned weapons are uniformly subject to a 60-day limit

Basic Structure of the 15-Day Rule

The 15-day rule in the Institute War Clauses (Cargo) does not simply mean that coverage continues for 15 days after unloading.

At the final port of discharge or place of unloading, coverage generally ends at the earlier of the following:

Possible End Points Starting / Occurrence Point Priority Relationship Verification Documents
Unloading from ocean-going vessel When the insured cargo or part of it is actually unloaded If unloading occurs before 15 days have passed, coverage ends at that unloading Discharge Report, EIR, Terminal Records
15 days after arrival Count 15 days from 12:00 noon on the vessel’s arrival date Coverage may end at 15 days even if cargo remains onboard Port Log, AIS, Carrier’s Arrival Report

Therefore, even if unloading takes a long time after vessel arrival, coverage under the War Clauses does not continue indefinitely.

If unloading is done at an intermediate or refuge port for transshipment, coverage continues for 15 days starting from 12:00 noon of the arrival day. However, this 15-day period applies only while the unloaded cargo remains at the said port or location.

After 15 days, coverage is reinstated when the cargo is loaded onto the ocean-going vessel or aircraft for onward shipment. Consequently, it is necessary to confirm whether any coverage gaps exist between the end of the 15-day period and reloading.

60-Day Extension for Mines Risks

For drifting mines, submerged mines, and abandoned torpedoes, there is a different treatment regarding the coverage period compared to regular war risks.

Coverage for these risks extends even while the insured cargo is loaded on a lighter during transport to or from an ocean-going vessel.

However, except when specifically agreed upon by the insurer, coverage does not extend beyond 60 days after discharge from the ocean-going vessel.

This 60-day period differs in purpose and applicable risks from the 60-day clause at the final port of discharge found in the main body of the standard ICC.

Furthermore, the 60-day extension in the Clause applies specifically to drifting and submerged mines and abandoned torpedoes. Do not assume that the same 60-day period applies uniformly to all “abandoned bombs or other war weapons.”

Application Decision Flow

Step Check items Decision branch Practical response
1 Identify the insurance contract and individual Certificate Which insurance contract applies? Match Policy number, Certificate number, and cargo
2 Confirm attachment and version of the Institute War Clauses (Cargo) Are War Clauses attached? Obtain Schedule, Endorsement, and list of Clauses
3 Pre-classify the cause of the incident War, civil war, hostile acts, capture, abandoned weapons, strikes risk, or general accident Report suspending multiple possibilities at first notification
4 Confirm the actor, authorities, and military background Could this fall under insured war risks? Gather reports from government, military, maritime authorities, and ship captain
5 Check for total loss or damage to cargo Is it physical damage or delay/cost only? Conduct photos, inspection, and survey
6 Confirm cargo location at time of incident Ocean-going vessel, barge, transshipment port, refuge port, or warehouse Chronologically organize loading, unloading, and cargo movement
7 Confirm insurance commencement and expiry Before loading, on board, after unloading, or after 15 days have passed Cross-check Port Log, AIS, and unloading records
8 Confirm transshipment port, refuge port, and termination of the contract of carriage Whether the contract continues for 15 days, ends, or restarts upon reloading Notify insurer and confirm conditions for onward shipment
9 Confirm change of destination, route deviation, or discharge at different port Change by insured or discretionary exercise by carrier Discuss tariffs, conditions, and additional insurance premiums
10 Check for exclusion clauses Delay, interruption of voyage, nuclear weapons, unseaworthiness, or unsuitability, etc. Separate insured risks from exclusion causes
11 Confirm general average, salvage charges, and expense mitigating costs Is there a connection to avoidance of insured risks? Submit declarations, adjustment documents, and detailed costs to the insurer
12 Confirm preservation of rights against carriers, NVOCCs, etc. Should insurance claims and third-party claims proceed in parallel? Manage Claim Letters, notification deadlines, and litigation periods

Relationship with General Average and Salvage Charges

Under the Institute War Clauses (Cargo), general average and salvage charges incurred to avoid or in connection with avoiding losses caused by covered war risks may be insured, provided they are settled or determined according to the contract of carriage, governing law, or customary practice.

The mere declaration of general average does not guarantee any payment under the War Clauses.

It is necessary to verify whether the general average act was conducted to avoid war risks covered by the War Clauses, or if it was due to ordinary marine perils, machinery failure, commercial decisions, or other reasons.

Typical Example: Deviating to an Alternative Port to Avoid Hostilities or Mine Danger

If a vessel faces hostilities or mine danger on its planned route and navigates to a safe alternative port to ensure the common safety of the ship, crew, and cargo on board,

additional costs such as extra fuel expenses, costs for the diversion port, emergency unloading, and reloading may arise, prompting the shipowner to declare general average.

Whether these costs qualify as general average depends on whether they represent an extraordinary sacrifice or expenditure intentionally and reasonably made for the common safety, judged in accordance with the contract of carriage, applicable law, the York-Antwerp Rules, and other relevant criteria.

From the cargo side, the general average declaration, General Average Bond, General Average Guarantee, notifications from the general average adjuster, the captain’s report, and official announcements regarding war risks should be submitted promptly to the insurer.

Documents to Check Regarding Cost Allocation Between NVOCC and Freight Forwarder

Whether cargo insurance covers certain costs is a separate matter from who among the shipper, carrier, NVOCC, or freight forwarder is responsible for bearing additional charges.

Even costs not covered by war risks insurance are not automatically borne by the NVOCC or freight forwarder. Conversely, even if such costs are payable under cargo insurance, the rights and liabilities established by the contract of carriage do not necessarily cease.

Document / Condition Items to Confirm Potential Costs / Liabilities Notes Practical Handling
Master B/L Clauses on Reverse Route changes, departures from route, alternative ports, discharge, storage, termination of the contract of carriage, additional charges Alternate port discharge, onward shipment, storage, additional freight Conditions may differ from those on House B/L Cross-check applicable clauses with carrier notices
House B/L Clauses on Reverse NVOCC discretionary authority, termination of the contract of carriage, shipper’s cost responsibility Alternative transport, storage, additional handling fees Confirm responsibility as Contracting Carrier Check issued B/L edition and embedded clauses
Standard Trading Conditions Role as intermediary, agent, or carrier; additional charges; exemptions; subcontractors Arrangement modification fees, third-party costs, emergency handling fees Must be validly incorporated into the contract Compare with quotation, framework agreement, and order documents
Booking Confirmation Scheduled route, transshipment ports, Free Time, additional conditions Route change charges, booking amendment fees, Demurrage, etc. May specify individual terms before B/L issuance Keep the version effective at booking time
Carrier Tariff & War Risk Surcharge Notices Danger area surcharge, applicable routes, applicable periods, rates War Risk Surcharge, additional freight charges Separate from cargo insurance’s war risks premium Verify billing period, voyage, and container unit
Quotation / Freight Terms Costs included in freight, actual costs charged separately, danger area surcharges Onward shipment costs, storage fees, additional freight, urgent handling charges Even all-in rates may specify exceptional charges Confirm actual-cost settlement terms and retain explanations
Change Instructions from Shipper / Buyer Who decided on route changes, alternate port discharge, storage, onward shipment Additional charges arising from commercial decisions Distinguish between carrier reasons, authority orders, and shipper reasons Keep records of instruction time, options, and approver
Arrival Notice / D/O Discharge port, earliest pick-up date, fees, cargo delivery terms D/O fee, storage fees, gate-out related costs Scheduled port and actual discharge port may differ Confirm cargo location and cost start date
Insurance Policy / Endorsement War Clauses, danger areas, coverage period, additional premiums, special conditions Cargo damage, general average, salvage charges, etc. Not a document determining cost allocation under the contract of carriage Differ insurance claims from claims under the contract of carriage
Shipping Line / NVOCC Notice of Termination of the Contract of Carriage Termination port, discharge, onward shipment, cargo pick-up, additional charges Storage fees, onward shipment costs, shipper arrangement charges Cross-check notice date with War Clauses’ period calculation Notify insurer immediately

Common Practical Problem Cases

Case Main Issues Documents to Check Initial Response
The vessel was attacked in a conflict zone, causing cargo damage Hostile acts, cargo damage, attachment of War Clauses Captain’s report, government announcements, survey report, insurance policy Notify the insurer promptly of cargo location and damage status
The vessel was subject to capture, seizure, arrest, restraint, or detainment for military reasons Whether the restriction arises from covered war risks Notice of capture, official announcements, B/L, shipping line notice Confirm the grounds for the arrest, restraint, or detainment and the conditions for cargo release
Cargo held by administrative authorities on suspicion of sanctions violations Distinguishing between detainment arising from covered war risks and administrative or sanctions measures Administrative orders, sanction documentation, export/import documents Keep War Clauses and administrative procedures separate and organized
Damage to vessel and cargo caused by contact with abandoned mines Type of abandoned weapons, cargo location at time of accident, duration Marine casualty report, military announcements, survey report Secure details on the weapon type and date of unloading
Cargo remained over 15 days after discharge at an intermediate port Expiration of War Clauses period and resumption upon reloading Arrival records, discharge records, reloading schedule Confirm with insurer any coverage gaps during the period
Due to war risks, the vessel could not enter the intended port and discharged at an alternate port Voyage alteration, 15-day period, additional charges, onward shipment Port closure notices, shipping line notifications, B/L, insurer communications Notify insurer before and after arrival at the alternate port
The contract of carriage was terminated at an intermediate port Treating termination port as final discharge port, insurance termination Termination notice, arrival and discharge records Confirm coverage terms before any onward shipment
Only storage fees and additional transport costs occurred due to port closure Cargo damage or delay and associated cost damages Cargo inspection records, cost breakdown, contract of carriage Delineate insurance coverage from contract liability for costs
A general average was declared to avoid hostile acts Relation to covered risks avoidance, collective safety, extraordinary expenses General average declaration, captain’s report, adjuster’s notice Complete guarantee procedures and notify insurer promptly

Freight Forwarder's Scope of Involvement

Operational Area Support Provided by Freight Forwarder What the Freight Forwarder Should Not Decide Main Contact Parties Practical Measures
Insurance Conditions Verification Collection of Policy, Certificate, Endorsement, and Clause Lists Final determination of insurance claim payment Shipper, Insurer, Insurance Broker Confirm regular ICC and War Clauses separately
Route and Risk Zone Confirmation Organize planned routes, transshipment ports, destination ports, and alternative routes Definitive judgment that the sea area is legally recognized as a war zone Shipping Line, NVOCC, Insurer Notify insurer promptly in case of route changes
Accident Information Gathering Organize information from government, maritime authorities, shipping lines, and ports Final recognition of war, internal conflict, or hostile acts Authorities, Shipping Line, Insurer Preserve materials with source and timestamp
Cargo Condition Confirmation Collect photos, inspections, survey reports, and pre- and post-accident materials Determination of cause and amount of damage Shipper, Warehouse, Surveyor Separate physical damage from delays and costs
Insurance Period Confirmation Chronologically organize loading, arrival, unloading, transshipment, and reloading times Final judgment on applicability period of War Clauses Insurer, Shipping Line, Terminal Do not confuse the 15-day period with the 60-day mine risks
Termination of the Contract of Carriage Coordinate termination notices, cargo location, and onward shipment plans Judgment that coverage automatically continues under old terms Insurer, NVOCC, Shipping Line, Shipper Confirm notice requirements and any additional insurance premium before onward shipment
Discharge at Alternative Port / Voyage Change Organize reasons for change, alternative ports, cost estimates, and cargo movement Judgment that all additional charges are covered under War Clauses Shipper, Shipping Line, NVOCC, Insurer Confirm insurance terms and contract of carriage in parallel
Additional Charges Detail storage fees, onward shipment costs, additional freight, and War Risk Surcharge Obligation for NVOCC/freight forwarder to bear costs Shipper, NVOCC, Shipping Line, Insurer Separate B/L, tariff, quotation terms, and insurance
General Average Coordinate declaration, guarantee letters, and cargo pickup conditions Final determination of general average apportionment and accepted items Insurer, Adjuster, Shipping Line Arrange guarantees before cargo pickup deadlines
Preserving Rights Against Third Parties Support Claim Letters, notification deadlines, and document collection Legal responsibility of shipping line, NVOCC, warehouse, etc. Shipping Line, NVOCC, Warehouse, Experts Preserve rights separately from insurer notification

Practical Scenario 1: Arranging Cargo Passing Near Conflict Zones

Consider cargo transported along routes passing through sea areas near conflict zones or regions of escalating military tension.

Having only the standard ICC(A) attached does not necessarily guarantee coverage for war risks damage.

It is necessary to check the attachment of the Institute War Clauses (Cargo), the applicable version, the route, transshipment ports, insurer-designated conditions, additional insurance premiums, and endorsements relating to dangerous areas.

Additionally, the War Risk Surcharge charged by the carrier is an additional freight under the contract of carriage and is a separate cost from the war risks premium in cargo insurance.

NVOCCs and freight forwarders should clearly explain to the shipper the distinction between standard cargo insurance, war risks coverage, and the carrier’s additional freight charges.

Practical Scenario 2: Capture, Seizure, Arrest, Restraint, or Detainment for Military Reasons

Assume that a vessel in transit is subject to capture, seizure, arrest, restraint, or detainment for military or political reasons.

In this case, the mere fact that the ship was stopped is not sufficient. It must be confirmed whether the capture, seizure, arrest, restraint, or detainment arises from covered risks such as war, civil war, or hostile acts.

Obtain details such as the capture or seizure notice or the arrest, restraint, or detainment order, the issuing authority, legal basis, announcements from government or military authorities, the captain’s report, shipping line notifications, and the current location of the cargo.

Cases such as customs inspections, suspicion of sanction violations, unpaid port charges, or seizure by creditors may not fall under war risks.

Even if there is no physical damage to the cargo, issues such as inability to deliver, storage charges, additional costs, and shipment delays may occur. It is necessary to separately clarify the insurance coverage scope and the cost responsibilities under the contract of carriage.

Practical Scenario 3: Damage to Vessel and Cargo Caused by Abandoned Mines

Assume that during the voyage, the vessel comes into contact with an abandoned mine, resulting in damage to the ship’s hull as well as impact, fire, and water ingress damages to the loaded cargo.

Check the attachment of the Institute War Clauses (Cargo) and confirm whether the weapon involved qualifies as an abandoned mine, torpedo, bomb, or other abandoned weapon.

Secure the vessel’s accident report, announcements from military or coast guard authorities, accident coordinates, voyage logbook, survey report, and cargo photographs.

Also, regarding drifting or submerged mines and abandoned torpedoes, verify the cargo’s location at the time of the accident and the discharge date, since the maximum 60-day limit post lightering to/from ocean-going vessels and unloading may be relevant.

Practical Scenario 4: Inability to Enter Scheduled Port Due to War Risks

Due to war, military blockade, or hostile actions, the vessel may be unable to enter the originally scheduled port of destination and the cargo may be discharged at an alternative port.

In such cases, issues arise not only regarding the change of port but also the 15-day rule under the War Clauses, change of destination, carrier’s discretionary rights, termination of the contract of carriage, transshipment, and additional insurance premiums.

The arrival date and time at the alternative port, discharge timing, cargo location, planned transshipment, and the carrier’s notifications should be communicated to the insurer.

If the cargo is stored for an extended period at the alternative port after discharge, even if the insurance period under the main ICC continues, the period covered under the War Clauses may have expired.

NVOCCs and freight forwarders should concurrently notify the insurer and confirm any additional charges based on the Master B/L and House B/L.

Practical Scenario 5: Waiting for Transshipment Beyond 15 Days at an Intermediate Port

Suppose cargo is unloaded at an intermediate port to avoid war risks and scheduled to be transshipped onto another ocean-going vessel, but reloading takes 20 days due to vessel space shortages or port circumstances.

At the intermediate or refuge port, as a general rule, coverage under the War Clauses continues from 12:00 noon on the vessel's arrival day up to 15 days. After that, coverage resumes only when the cargo is loaded onto the onward ocean-going vessel or aircraft.

Therefore, there may be a coverage gap under the War Clauses from the end of the 15-day period until the time of reloading.

The arrival date, unloading date, planned reloading schedule, and cargo storage location should be reported to the insurer, and any necessary extension of coverage, additional premium, or special conditions should be confirmed.

It is necessary to separately confirm the period of coverage for ordinary risks during storage under the main ICC and the war risks period under the War Clauses.

Common Misunderstandings

Common Misunderstanding Actual Concept Practical Notes
War risks are covered under ICC(A) War risks are generally excluded under standard ICC Confirm separately the inclusion of Institute War Clauses (Cargo)
All damages occurring in conflict zones are war risks There must be a causal link between the cause of loss and the insured war risks Differentiate ordinary accidents, theft, delay, mismanagement, etc.
If a vessel is stopped by authorities, it always constitutes capture, seizure, arrest, restraint, or detainment Check whether the restriction arises from covered war risks Distinguish from customs, sanctions, administrative actions, or lien seizures
War Clauses cover all costs arising from port closures Separate physical damage, general average, and delay or additional costs Confirm insurance and contract basis for each type of cost
The war risks insurance period is also warehouse-to-warehouse Usually begins from loading onto ocean-going vessel May end during inland transport or after discharge
The 15-day rule means coverage continues for 15 days after unloading Ends at whichever is earlier: unloading or 15 days after arrival at final port Calculated from 12:00 noon on vessel’s arrival day
War Clauses continue while the cargo is at an intermediate port Generally up to 15 days after arrival; coverage restarts upon reloading Check for coverage gaps after 15 days
All abandoned weapons are guaranteed for 60 days after unloading under mine risks The 60-day rule applies specifically to floating/sunken mines and abandoned torpedoes Confirm the specific types of weapons involved
A declaration of general average automatically triggers payment under War Clauses Requires a connection with loss avoidance caused by insured war risks Verify the reason for declaration, settlement documents, and insured risks
War Clauses automatically continue even if the contract of carriage is terminated The termination port is treated as the final discharge port; notice is required before reloading for onward shipment Contact the insurer before reloading for onward shipment
Costs not covered by insurance are borne by the NVOCC Insurance coverage and contractual cost liability are separate matters Check House B/L, standard trading conditions, tariffs, and quotation terms
Notifying the insurer preserves rights of claim against the carrier Notification to insurer and preserving rights against third parties are separate processes Manage Claim Letters, notification deadlines, and limitation periods separately

Checklist for Decision-Making

Verification Scenario Party to Confirm With Items to Confirm Actions if Issues Are Found
Identifying the Insurance Contract Policyholder, Insurer, Insurance Broker Policy number, Certificate number, Insured cargo Cross-check the master policy with individual Certificates
Inclusion of War Clauses Insurer, Insurance Broker Clause name, edition, effective date, Endorsements Obtain the applicable Clause documentation in writing
Classification of Incident Insurer, Authorities, Carrier War, civil war, hostile acts, Strikes risks, general accidents Maintain multiple provisional classifications while gathering materials
Actors and Military Background Government/military authorities, maritime authorities, carrier Attacker, belligerent parties, target, purpose of action Combine official announcements with on-site documentation
Capture, Seizure, Arrest, Restraint, and Detainment Authorities, carrier, NVOCC Acting authority, grounds, and causal relationship to covered war risks Separate administrative/customs/sanctions issues for clarification
Cargo Damage Carrier, warehouse, surveyor Loss/damage, time of occurrence, direct cause Conduct site preservation, take photographs, perform surveys
Insurance Commencement Carrier, terminal, insurer Loading time onto ocean-going vessel Obtain loading records and Stowage Plan
15-Day Rule Carrier, port authorities, insurer Arrival date/time, anchorage/mooring, unloading date/time Verify period by cross-checking Port Log and AIS data
Intermediate and Refuge Ports Carrier, NVOCC, terminal Arrival, unloading, cargo location, planned reloading Confirm conditions with insurer before the 15-day period ends
Mine Risks Military/maritime authorities, carrier, insurer Type of weapon, lighter transport, unloading date, accident date Individually confirm applicability and period of the 60-day special provision
Termination of the Contract of Carriage and Reloading for Onward Shipment Carrier, NVOCC, insurer Termination port, termination date, unloading, reloading terms Notify before reloading and confirm additional insurance premium
Change of Destination or Deviation Shipper, carrier, NVOCC, insurer Decision maker, reason for change, notification, rates and conditions Obtain insurer’s response before executing the change
General Average Carrier, average adjuster, insurer Declaration reason, insured risks, guarantees, contribution claim Initiate guarantee procedures before cargo release
Additional Charges Shipper, carrier, NVOCC, insurer Storage fees, reloading expenses, additional freight, War Risk Surcharge Classify according to insurance, B/L, tariff, and quotation terms
Claims Against Third Parties Carrier, NVOCC, warehouse, experts Claim Letter, notification deadlines, liability limits, statute of limitations Preserve rights in parallel with insurance claims

Documents to be Confirmed in Practice

Document Type Specific Documents Contents to Confirm Source Notes
Insurance Contract Policy, Certificate, Schedule, Endorsement Attachment, edition, terms, and duration of War Clauses Policyholder, Insurer Check normal ICC and War Clauses separately
War Risk Classification Official statements from government, military, defense authorities War, civil strife, hostile acts, attacking parties Public authorities Save initial announcements and subsequent updates
Navigational Risks Naval, coast guard, maritime authority navigation warnings Mines, attacks, dangerous coordinates, navigation restrictions Public authorities Cross-check with vessel passage date and time
Vessel Incidents Captain’s report, logbook, accident reports, AIS, Port Log Accident course, location, arrival, departure, route Shipping Line, NVOCC Unify time zones
Capture / Seizure / Arrest / Restraint / Detainment Authority orders, capture or seizure notices, and arrest, restraint, or detainment statements Acting authority, legal basis, and affected vessel or cargo Authorities, shipping line Distinguish war risks from administrative actions
Cargo Damage Survey report, photos, inspection records, repair estimates Cause, extent, amount of damage Surveyor, cargo owner Separate delay/cost damages from physical damage
Insurance Period Loading records, discharge report, EIR, transshipment records Loading, unloading, reloading, cargo location Shipping Line, terminal, warehouse Times may differ for each cargo part
Contract of Carriage Master B/L, House B/L, Sea Waybill Route changes, alternative ports, storage, additional charges, liability Shipping Line, NVOCC Check not only front but also back terms and conditions
Rate Conditions Booking confirmation, tariff, War Risk Surcharge notice, quotation Additional freight, dangerous area surcharges, actual costs charged separately Shipping Line, NVOCC, freight forwarder Do not confuse insurance premiums with additional freight charges
General Average General Average Declaration, General Average Bond, General Average Guarantee Declaration reasons, guarantee conditions, cargo release terms Shipping Line, general average adjuster Notify insurer before submission deadline
Notification and Rights Preservation Insurer notifications, Claim Letter, receipt confirmation Notification timing, claim contents, deadline management Insurer, shipping line, NVOCC, warehouse Keep records of transmission and receipt

Summary

Institute War Clauses (Cargo) are Institute War Risk Clauses that provide separate coverage for war risks, which are excluded under the standard ICC (A), ICC (B), and ICC (C) clauses.

The main insured perils include war, civil war, revolution, rebellion, domestic disturbances arising from these, hostilities, capture, seizure, arrest, restraint, or detainment arising from the covered war risks, and abandoned mines, torpedoes, bombs, and other war weapons.

However, the mere fact that an incident occurs in a conflict zone is not sufficient. It is necessary to verify the acting parties, military background, authorities’ actions, accident location, and causal relationship to cargo damage through official government or military announcements, navigation warnings, captain’s reports, arrest, restraint, or detainment orders, and surveys.

The insurance period under the Institute War Clauses (Cargo) differs from the standard ICC body. In principle, coverage begins when the cargo is loaded onto an ocean-going vessel and ends at whichever occurs first: discharge at the final port of unloading or 15 days after 12:00 noon on the vessel’s arrival day.

At intermediate and refuge ports, coverage continues for up to 15 days after arrival, then recommences when the cargo is reloaded onto an ocean-going vessel or aircraft for onward shipment. Therefore, there could be a coverage gap between the expiry after 15 days and the reloading.

Coverage for floating or sunken mines and abandoned torpedoes is extended to barge transport to and from the ocean-going vessel, but, unless specially agreed by the insurer, it does not exceed 60 days after discharge from the ocean-going vessel. This 60-day provision should not be confused with the standard ICC body’s 60-day clause or a uniform extension period applied to all abandoned weapons.

If war risks cause discharge at a different port, transshipment, termination of the contract of carriage, onward shipment, or destination change, the cargo location, times of arrival, unloading, and reloading should be organized and promptly notified to the insurer to confirm continued coverage, rating, conditions, and any additional premiums.

General Average and salvage charges must be confirmed as arising from losses avoided due to the covered war risks. A declaration of General Average alone does not guarantee payment under the War Clauses.

Furthermore, whether the cargo insurance covers these costs and who among the shipper, carrier, NVOCC, or freight forwarder is responsible for additional discharge costs at alternative ports, storage charges, onward shipment costs, and extra freight are separate matters. It is necessary to cross-check the Master B/L, House B/L, standard trade terms, Booking Confirmation, carrier’s tariff, and quotation terms.

In actual claims, after understanding the overall picture from this article, it is important to refer to the articles on the insured perils under Institute War Clauses (Cargo), insurance period and voyage changes, and exclusions, and to consider them in conjunction with the standard ICC body, Institute Strikes Clauses (Cargo), B/L back clauses, and NVOCC clauses when making a judgment.