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Every reasonable effort should be made to avoid destruction of captured neutral vesselsand aircraft. 302 A capturing officer, therefore, should not order such destruction without beingentirely satisfied that the prize can neither be sent to a belligerent State port or airfield nor, in hisor her opinion, properly be released. 303Should it become necessary that the prize be destroyed, the capturing officer mustprovide for the safety of the passengers and crew. 304 In that event, all documents and papersrelating to the prize should be preserved. If practicable, the personal effects of passengers shouldalso be safeguarded. 30515.15.4 Personnel on Board Captured Neutral Vessels and Aircraft.15.15.4.1 Officers and Crews of Captured Neutral Merchant Vessels and CivilAircraft. The officers and crews of captured neutral merchant vessels and civil aircraft who arenationals of a neutral State should not be made POWs, 306 even if the vessel or aircraft hasacquired the character of enemy merchant vessels or aircraft. 307 However, if the vessel oraircraft has acquired the character of an enemy warship or military aircraft, 308 the officers andcrew may be held as POWs. 309302 2006 AUSTRALIAN MANUAL 6.59 (“Every effort should be made to avoid destruction of a captured neutralvessel.”).303 1955 NWIP 10-2 509e (“A capturing officer, therefore, should never order such destruction without beingentirely satisfied that the military reasons therefore justify it, i.e. under circumstances such that a prize can neither besent in nor, in his opinion, properly released.”).304 1928 PAN AMERICAN MARITIME NEUTRALITY CONVENTION art. 1(1) (“The ship shall not be rendered incapableof navigation before the crew and passengers have been placed in safety.”); Treaty for the Limitation and Reductionof Naval Armament, art. 22, Apr. 22, 1930, 46 STAT. 2858, 2881-82 (“In particular, except in the case of persistentrefusal to stop on being duly summoned, or of active resistance to visit or search, a warship, whether surface vesselor submarine, may not sink or render incapable of navigation a merchant vessel without having first placedpassengers, crew and ship’s papers in a place of safety. For this purpose the ship's boats are not regarded as a placeof safety unless the safety of the passengers and crew is assured, in the existing sea and weather conditions, by theproximity of land, or the presence of another vessel which is in a position to take them on board.”). ConsiderProcès-Verbal Relating to the Rules of Submarine Warfare Set Forth in Part IV of the Treaty of London of April 22,1930, Nov. 6, 1936, 173 LNTS 353, 357 (same).305 1955 NWIP 10-2 509e (“Should the necessity for the destruction of a neutral prize arise, it is the duty of thecapturing officer to provide for the safety of the passengers and crew. All documents and papers relating to a neutralprize should be saved. If practicable, the personal effects of passengers should be saved. Every case of destructionof a neutral prize should be reported promptly to a higher command.”).306 1955 NWIP 10-2 513a (“The officers and crews of captured neutral merchant vessels and aircraft who arenationals of a neutral State should not be made prisoners of war.”). See also TUCKER, THE LAW OF WAR ANDNEUTRALITY AT SEA 347 (“In seizing neutral vessels the belligerent incurs certain duties that have long enjoyed thesanction of state practice. Unless the neutral nationals serving as officers and crew of neutral vessels have taken adirect part in the hostilities they may not be treated as prisoners of war.”).307 Refer to § 15.14.2.2 (Acquiring the Character of an Enemy Merchant Vessel or Civil Aircraft).308 Refer to § 15.14.2.1 (Acquiring the Character of an Enemy Warship or Military Aircraft).309 See 2007 NWP 1-14M 7.10.2 (“This rule applies equally to the officers and crews of neutral vessels and aircraftthat assumed the character of enemy merchant vessels or aircraft by operating under enemy control or resisting visitand search. If, however, the neutral vessels or aircraft had taken a direct part in the hostilities on the side of the982