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capture of neutral-flagged vessels or neutral-marked aircraft that have acquired enemy status, ifpositive determination of status can be obtained by other means. 294Captured neutral merchant vessels and civil aircraft are sent to a port or airfield under abelligerent State’s jurisdiction as a prize for adjudication by a prize court. Ordinarily, abelligerent State’s warship will place a prize master and prize crew on board a captured vesselfor this purpose. Should that be impracticable, the prize may be escorted into port by abelligerent State’s warship or military aircraft. In the latter circumstances, the prize must obeythe instructions of its escort or risk forcible measures. 295A prize may not be brought into a neutral port, except under emergency circumstances. 296A prize court cannot be set up by a belligerent on neutral territory or on a vessel in neutralwaters. 29715.15.2.1 Use of Force During Capture. Neutral vessels or aircraft attempting toresist proper capture lay themselves open to forcible measures by a belligerent State’s warshipsand military aircraft, and assume the risk of resulting damage. 298 The same rule applies toresistance during visit and search. 29915.15.3 Destruction of Neutral Prizes. Although the destruction of a neutral prize is notabsolutely forbidden, it involves a much more serious responsibility than the destruction of anenemy prize. 300 Thus, a higher standard is applicable than for the destruction of enemy prizes. 301294 1955 NWIP 10-2 502a (“Historically, visit and search was considered the only legally acceptable method fordetermining whether or not a merchant vessel was subject to capture. It is now recognized that changes in warfarehave rendered this method either hazardous or impracticable in many situations. In the case of enemy merchantvessels and aircraft and neutral merchant vessels and aircraft acquiring enemy character as described in thepreceding article, the belligerent right of capture (and, exceptionally, destruction as described in paragraph 503b)need not be preceded by visit and search, provided that a positive determination of status can be obtained by othermethods.”).295 2007 NWP 1-14M 7.10 (“Captured vessels and aircraft are sent to a port or airfield under belligerent jurisdictionas a prize for adjudication by a prize court. Ordinarily, a belligerent warship will place a prize master and prizecrew on board a captured vessel for this purpose. Should that be impracticable, the prize may be escorted into portby a belligerent warship or military aircraft. In the latter circumstances, the prize must obey the instructions of itsescort or risk forcible measures.”); 1998 NWP 9 7.10 (substantially the same).296 Refer to § 15.9.5 (Prizes in Neutral Ports or Roadsteads).297 HAGUE XIII art. 4 (“A Prize Court cannot be set up by a belligerent on neutral territory or on a vessel in neutralwaters.”).298 See, e.g., 2007 NWP 1-14M 7.10 (“Neutral vessels or aircraft attempting to resist proper capture lay themselvesopen to forcible measures by belligerent warships and military aircraft and assume all risk of resulting damage.”);1989 NWP 9 7.9 (same).299 Refer to § 15.13.4.1 (Use of Force During Visit and Search).300 1955 NWIP 10-2 509e (“Although the destruction of a neutral prize is not absolutely forbidden, it involves amuch more serious responsibility than the destruction of an enemy prize.”).301 Refer to § 13.5.1.3 (Destruction of Captured Enemy Merchant Vessels).981

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