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vessels or aircraft also may be deemed to acquire the character of enemy merchant ships or civilaircraft. 26915.13.4.2 Visit and Search of Merchant Vessels by Military Aircraft. Belligerentmilitary aircraft have a right to conduct visit and search of merchant vessels. 270Ordinarily, visit and search of a vessel by a belligerent State’s aircraft is accomplished bydirecting and escorting the merchant vessel to the vicinity of a belligerent warship, which wouldcarry out the visit and search at sea, or to a belligerent port. 27115.13.4.3 Visit and Search of Civil Aircraft by Military Aircraft. Belligerentmilitary aircraft have a right to conduct visit and search of civil aircraft. 272 Such visit and searchis conducted through interception and, if necessary, diversion. 27315.14 ACQUISITION OF ENEMY CHARACTER BY NEUTRAL-FLAGGED MERCHANT VESSELS ANDNEUTRAL-MARKED CIVIL AIRCRAFTAll vessels operating under an enemy flag, and all aircraft bearing enemy markings,possess enemy character. However, the fact that a ship flies a neutral flag, or that an aircraftbears neutral markings, does not necessarily establish the neutral character of the vessel oraircraft. Vessels or aircraft may acquire enemy character from (1) the ownership or control ofthe vessel or aircraft, or (2) their conduct.15.14.1 Acquisition of Enemy Character by Vessels or Aircraft Through BelligerentOwnership or Control. Any merchant vessel or civil aircraft that is owned or controlled by anenemy State or person has enemy character, regardless of whether it is operating under a neutralflag or bears neutral markings. 274 A neutral flag or neutral markings cannot serve as a device toprotect vessels or aircraft from seizure whose actual status indicates either continued ownershipor control by individuals who themselves possess enemy character. 275 Such vessels may be269 Refer to § 15.14.2.2 (Acquiring the Character of an Enemy Merchant Vessel or Civil Aircraft).270 2007 NWP 1-14M 7.6.2 (“Although there is a right of visit and search by military aircraft, there is noestablished international practice as to how that right is to be exercised.”).271 2007 NWP 1-14M 7.6.2 (“Ordinarily, visit and search of a vessel by an aircraft is accomplished by directing andescorting the vessel to the vicinity of a belligerent warship, which will carry out the visit and search, or to abelligerent port.”).272 2007 NWP 1-14M 7.6.3 (“The right of a belligerent military aircraft to conduct visit and search of a civilianaircraft to ascertain its true identity (enemy or neutral), the nature of its cargo (contraband or ‘free goods’), and themanner of its employment (innocent or hostile) is now well established in the law of armed conflict.”).273 Refer to § 14.5.1 (Interception); § 14.5.2 (Diversion of Aircraft).274 See 1955 NWIP 10-2 501 (“Any merchant vessel or aircraft owned or controlled by or for an enemy State,enemy persons, or any enemy corporation possesses enemy character, regardless of whether or not such a vessel oraircraft operates under a neutral flag or bears neutral markings.”).275 See TUCKER, THE LAW OF WAR AND NEUTRALITY AT SEA 75 (“For the practice of states is clear that even thoughentitled to fly a neutral flag—and thus possessing a neutral nationality—a vessel may nevertheless be considered asimpressed with an enemy character. The neutral flag cannot serve as a device to protect vessels from seizure whoseactual status indicates either continued ownership or control by individuals who themselves possess enemycharacter.”).977

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