10.07.2015 Views

5cjxburmr

5cjxburmr

5cjxburmr

SHOW MORE
SHOW LESS

Create successful ePaper yourself

Turn your PDF publications into a flip-book with our unique Google optimized e-Paper software.

y a belligerent as enemy merchant vessels or civil aircraft when engaged in either of thefollowing acts: 281• operating directly under enemy control, orders, charter, employment, or direction; or• resisting an attempt to establish identity, including resisting visit and search. 282For example, such vessels and aircraft may be captured and, under certain circumstances,destroyed. 28315.15 CAPTURE OF NEUTRAL VESSELS AND AIRCRAFTCertain neutral merchant vessels and civil aircraft may be captured outside neutralterritory.15.15.1 Grounds for the Capture of Neutral Vessels and Aircraft. Neutral-flaggedmerchant vessels or neutral-marked civil aircraft that have acquired enemy character are liable tocapture. 284 In addition, neutral merchant vessels and civil aircraft are, in general, liable tocapture by a belligerent State’s warships and military aircraft if performing any of the followingacts: 285• carrying contraband; 286281 See, e.g., 2007 NWP 1-14M 7.5.2 (“Neutral merchant vessels and civil aircraft acquire enemy character andmay be treated by a belligerent as enemy merchant vessels or civil aircraft when engaged in either of the followingacts: 1. Operating directly under enemy control, orders, charter, employment, or direction 2. Resisting an attempt toestablish identity, including resisting visit and search.”); 1955 NWIP 10-2 501b (“Neutral merchant vessel andaircraft acquire enemy character and are liable to the same treatment as enemy merchant vessels and aircraft (seeparagraph 503b), when engaging in the following acts: 1. Operating directly under enemy control, orders, charter,employment, or direction; 2. Resisting an attempt to establish identity, including visit and search.”).282 Refer to § 15.13.4.1 (Use of Force During Visit and Search).283 Refer to § 13.5 (Enemy Merchant Vessels).284 Refer to § 15.14 (Acquisition of Enemy Character by Neutral-Flagged Merchant Vessels and Neutral-MarkedCivil Aircraft).285 2007 NWP 1-14M 7.10 (“Neutral merchant vessels and civil aircraft are liable to capture by belligerentwarships and military aircraft if engaged in any of the following activities: 1. Avoiding an attempt to establishidentity 2. Resisting visit and search 3. Carrying contraband 4. Breaching or attempting to breach blockade 5.Presenting irregular or fraudulent papers; lacking necessary papers; or destroying, defacing, or concealing papers 6.Violating regulations established by a belligerent within the immediate area of naval operations 7. Carryingpersonnel in the military or public service of the enemy 8. Communicating information in the interest of theenemy.”); 1955 NWIP 10-2 503d (“NEUTRAL MERCHANT VESSELS AND AIRCRAFT are in general liable to capture ifperforming any of the following acts: 1. Carrying contraband (see paragraph 631d). 2. Breaking, or attempting tobreak, blockade (see paragraph 632g). 3. Carrying personnel in the military or public service of an enemy. 4.Transmitting information in the interest of an enemy. 5. Avoiding an attempt to establish identity, including visitand search. 6. Presenting irregular or fraudulent papers; lacking necessary papers; destroying, defacing, orconcealing papers. 7. Violating regulations established by a belligerent within the immediate area of navaloperations (see paragraph 430b).”).286 Refer to § 15.12 (Neutral Commerce and Carriage of Contraband).979

Hooray! Your file is uploaded and ready to be published.

Saved successfully!

Ooh no, something went wrong!