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subject to treatment as enemy merchant vessels or civil aircraft, including being subject tocapture. 27615.14.2 Acquisition of Enemy Character by Vessels or Aircraft Through Conduct.Certain conduct by vessels or aircraft may lead them to acquire enemy character and make themliable to treatment as either (1) enemy warships or military aircraft, or (2) enemy merchant shipsor civil aircraft.Humanitarian assistance given to the wounded, sick, or shipwrecked of belligerent forcesby neutral vessels does not lead to such vessels acquiring enemy character if such assistance isprovided in accordance with the GWS-Sea. 27715.14.2.1 Acquiring the Character of an Enemy Warship or Military Aircraft.Neutral merchant vessels and civil aircraft acquire enemy character, and may be treated by abelligerent as enemy warships and military aircraft, when engaged in either of the followingacts: 278• taking a direct part in the hostilities on the side of the enemy; or• acting in any capacity as a naval or military auxiliary to the enemy’s armed forces. 279For example, such vessels and aircraft may be made the object of attack outside of neutralterritory. 28015.14.2.2 Acquiring the Character of an Enemy Merchant Vessel or CivilAircraft. Neutral merchant vessels and civil aircraft acquire enemy character and may be treated276 Refer to § 13.5 (Enemy Merchant Vessels).277 Refer to § 7.4.6 (Collection and Care of the Wounded, Sick, and Shipwrecked by Neutral Vessels); § 7.12.1.3(Authorized Neutral Civilian Hospital Ships).278 See, e.g., 2007 NWP 1-14M 7.5.1 (“Neutral merchant vessels and civil aircraft acquire enemy character andmay be treated by a belligerent as enemy warships and military aircraft when engaged in either of the following acts:1. Taking a direct part in the hostilities on the side of the enemy 2. Acting in any capacity as a naval or militaryauxiliary to the enemy’s armed forces.”); 1955 NWIP 10-2 501a (“Neutral merchant vessels and aircraft acquireenemy character and are liable to the same treatment as enemy warships and military aircraft (see paragraph 503a)when engaging in the following acts: 1. Taking a direct part in the hostilities on the side of an enemy; 2. Acting inany capacity as a naval or military auxiliary to an enemy’s armed forces.”).279 See also TUCKER, THE LAW OF WAR AND NEUTRALITY AT SEA 321 (“The general principle involved isreasonably clear, and no attempt need be made to enumerate all of the acts that may result in this assimilation to anenemy’s armed forces. It is not the mere fact of assisting a belligerent that permits this severe treatment. Nor is itsimply the consideration that the belligerent exercises a close control and direction over the neutral merchant vessel.The decisive consideration is rather that the services rendered are in direct support of the belligerent’s militaryoperations. It is this support, leading as it does to the identification of the neutral merchant vessel (or aircraft) withthe belligerent’s naval or military forces, that permits a treatment similar to that meted out to these forces.”).280 Refer to § 13.4 (Enemy Warships).978

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