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nationality are exempt from visit and search because the neutral State has provided an assurancethat the neutral vessel is not engaged in violations of neutrality. 258If a convoy commander determines that a vessel under his or her charge possesses enemycharacter or carries contraband cargo, the commander is obliged to withdraw his or herprotection from the offending vessel, making it liable to visit and search, and possible capture, byopposing belligerent warships. 259Neutral civil aircraft accompanied by neutral military aircraft of the same flag may alsobe exempt from visit and search if the following two elements are met:• the flag State of a neutral military aircraft warrants that the neutral civil aircraft is notcarrying contraband cargo; and• the commander of the neutral military aircraft provides to the intercepting belligerentmilitary aircraft upon request all information as to the character and cargo of the neutralcivil aircraft that would otherwise be obtained by a visit and search. 26015.13.3 Where Belligerents May Not Exercise the Right of Visit and Search. As an act ofhostility, the belligerent right of visit and search may not be conducted within neutral territory(e.g., a neutral State’s territorial seas and neutral airspace). 261 This prohibition on the exercise ofthe belligerent right of visit and search extends to international straits overlapped by neutralterritorial seas and to archipelagic sea lanes. 262258 See General Report to the Conference, reprinted in JAMES BROWN SCOTT, THE DECLARATION OF LONDONFEBRUARY 26, 1909 177-78 (1920) (“The principle laid down is simple; a neutral vessel under the convoy of a warshipof her own nationality is exempt from search. The reason for this rule is that the belligerent cruiser ought to beable to find in the assurances of the commander of the convoy as good a guaranty as would be afforded by theexercise of the right of search itself; in fact, she can not call in question the assurances given by the officialrepresentative of a neutral Government without displaying a lack of international courtesy.”).259 Consider 1909 DECLARATION OF LONDON art. 62 (“If the commander of the belligerent warship has reason tosuspect that the confidence of the commander of the convoy has been abused, he communicates his suspicions tohim. In such a case it is for the commander of the convoy alone to investigate the matter. He must record the resultof such investigation in a report, of which a copy is handed to the officer of the warship. If, in the opinion of thecommander of the convoy, the facts shown in the report justify the capture of one or more vessels, the protection ofthe convoy must be withdrawn from such vessels.”).260 2007 NWP 1-14M 7.6.3 (“Neutral civilian aircraft accompanied by neutral military aircraft of the same flag areexempt from visit and search if the neutral military aircraft (1) warrants that the neutral civilian aircraft is notcarrying contraband cargo and (2) provides to the intercepting belligerent military aircraft upon request suchinformation as to the character and cargo of the neutral civilian aircraft as would otherwise be obtained in visit andsearch.”).261 See HAGUE XIII art. 2 (“Any act of hostility, including capture and the exercise of the right of search, committedby belligerent war-ships in the territorial waters of a neutral Power, constitutes a violation of neutrality and is strictlyforbidden.”); 1928 PAN AMERICAN MARITIME NEUTRALITY CONVENTION art. 1(1) (“Warships of the belligerentshave the right to stop and visit on the high seas and in territorial waters that are not neutral any merchant ship withthe object of ascertaining its character and nationality and of verifying whether it conveys cargo prohibited byinternational law or has committed any violation of blockade.”).262 Refer to § 15.8 (Passage of Belligerent Vessels and Aircraft Through International Straits and Archipelagic SeaLanes).975