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• carrying personnel in the military or public service of the enemy; 287• communicating information in the interest of the enemy; 288• breaching or attempting to breach a blockade; 289• violating regulations established by a belligerent within the immediate area of navaloperations; 290• avoiding an attempt to establish identity, including visit and search; 291 or• presenting irregular or fraudulent papers; lacking necessary papers; or destroying,defacing, or concealing papers. 29215.15.2 Procedure for Capture and Condemnation. Belligerent States have discretion informulating their procedures for conducting the capture and condemnation of neutral merchantvessels and aircraft. 293 Prior exercise of the right of visit and search is not required for the287 Cf. 1928 PAN AMERICAN MARITIME NEUTRALITY CONVENTION art. 12 (“The neutral vessel shall be seized and ingeneral subjected to the same treatment as enemy merchantmen: ... d) When actually and exclusively destined fortransporting enemy troops ... .”). Consider 1909 DECLARATION OF LONDON art. 45 (“A neutral vessel will becondemned and will, in a general way, receive the same treatment as a neutral vessel liable to condemnation forcarriage of contraband: (1) If she is on a voyage specially undertaken with a view to the transport of individualpassengers who are embodied in the armed forces of the enemy, … . (2) If, to the knowledge of either the owner,the charterer, or the master, she is transporting a military detachment of the enemy, or one or more persons who, inthe course of the voyage, directly assist the operations of the enemy.”).288 Cf. 1928 PAN AMERICAN MARITIME NEUTRALITY CONVENTION art. 12 (“The neutral vessel shall be seized and ingeneral subjected to the same treatment as enemy merchantmen: ... d) When actually and exclusively destined ... forthe transmission of information on behalf of the enemy.”). Consider 1909 DECLARATION OF LONDON art. 45 (“Aneutral vessel will be condemned and will, in a general way, receive the same treatment as a neutral vessel liable tocondemnation for carriage of contraband: (1) If she is on a voyage especially undertaken … with a view to thetransmission of intelligence in the interest of the enemy.”).289 Refer to § 13.10.4 (Breach and Attempted Breach of Blockade).290 Refer to § 13.8 (Belligerent Control of the Immediate Area of Naval Operations).291 Refer to § 15.13.4 (Procedure for Visit and Search of Merchant Vessels and Aircraft).292 See Carrington v. Merchants’ Ins. Co., 33 U.S. 495, 521-22 (1834) (Story, J.) (“The belligerent has a right torequire a frank and bona fide conduct on the part of neutrals, in the course of their commerce in times of war; and ifthe latter will make use of fraud, and false papers, to elude the just rights of the belligerents, and to cloak their ownillegal purposes, there is no injustice in applying to them the penalty of confiscation. The taint of the fraud travelswith the party and his offending instrument during the whole course of the voyage, and until the enterprise has, inthe understanding of the party himself, completely terminated. There are many analogous cases in the prize law,where fraud is followed by similar penalties. Thus, if a neutral will cover up enemy’s property under false papers,which also cover his own property, prize courts will not disentangle the one from the other, but condemn the wholeas good prize.”).293 See 1928 PAN AMERICAN MARITIME NEUTRALITY CONVENTION art. 2 (“Both the detention of the vessel and itscrew for violation of neutrality shall be made in accordance with the procedure which best suits the state effecting itand at the expense of the transgressing ship. Said state, except in the case of grave fault on its part, is notresponsible for damages which the vessel may suffer.”).980

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