5cjxburmr

15.15.4.2 Enemy Nationals Found Onboard Neutral Merchant Vessels and CivilAircraft. Belligerents have a right to remove certain enemy persons from neutral vessels oraircraft, even if there are no grounds for the capture of the vessel or aircraft as prize. 310 Enemynationals found onboard a neutral State’s merchant vessels or civil aircraft as passengers whoare:• a current member of an enemy military force; 311• en route to join, or be incorporated into, an enemy’s armed forces;• employed in the public service of the enemy State; or• engaged in, or suspected of engagement in, service in the interests of the enemy State; 312also may be interned until a determination of their status has been made. 313enemy or had served in any way as a naval or military auxiliary for the enemy, they thereby assumed the characterof enemy warships or military aircraft and, upon capture, their officers and crew may be interned as prisoners ofwar.”); 1955 NWIP 10-2 513a endnote 41 (“This paragraph is applicable as well to the officers and crews,nationals of a neutral state, of captured neutral merchant vessels and aircraft which have acquired enemy characterand which are liable to the same treatment as enemy merchant vessels and aircraft, as described in paragraph 501b.Hence, a distinction must be made between the treatment accorded to neutral merchant vessels acquiring enemycharacter, and the treatment accorded to the personnel of such vessels. There is a clear exception, however, in thecase of personnel of neutral vessels and aircraft which take a direct part in the hostilities on the side of an enemy orwhich serve in any way as a naval or military auxiliary for an enemy.”).310 TUCKER, THE LAW OF WAR AND NEUTRALITY AT SEA 328 (“Despite neutral opposition during World War I toconceding any belligerent right to remove enemy persons from neutral merchant vessels at sea, it would now seemthat—in principle—the practice of states may be regarded as having sanctioned this belligerent measure.”).311 Consider DECLARATION OF LONDON art. 47 (“Any individual embodied in the armed forces of the enemy who isfound on board a neutral merchant vessel, may be made a prisoner of war, even though there be no ground for thecapture of the vessel.”).312 CDR Joe Munster, Removal of Persons from Neutral Shipping, THE JAG JOURNAL: THE OFFICE OF THE JUDGEADVOCATE JOURNAL OF THE NAVY 3, 18 (Oct. 1952) (“It appears unlikely that the old rules concerning the removalof persons from neutral shipping can much longer survive, even extended to include reservists. With the increasingdevelopment of science it would appear foolhardly for a nation to permit an Oppenheimer, a Millikan, a Fermi, anEinstein, or any accomplished atomic or neuclear [sic] physicist to return to his own country, if that country be anopposing belligerent. An expert in guided missiles would be more important to a belligerent country than anordinary soldier; and notwithstanding the expert is not ‘embodied in the armed services’ it would appear that therules and regulations of international law must be amended to bring them into line with the requirements ofbelligerent necessity. It does not appear that neutrals can properly maintain that no persons other than thoseconnected with the military, either entirely or in a reserve status, may be removed from neutral shipping.”).313 2007 NWP 1-14M 7.10.2 (“Enemy nationals found on board neutral merchant vessels and civil aircraft aspassengers who are actually embodied in the military forces of the enemy, who are en route to serve in the enemy’sarmed forces, who are employed in the public service of the enemy, or who may be engaged in or suspected ofservice in the interests of the enemy may be made prisoners of war. All such enemy nationals may be removed fromthe neutral vessel or aircraft whether or not there is reason for its capture as a neutral prize.”); 1955 NWIP 10-2513b (“Enemy nationals found on board neutral merchant vessels and aircraft as passengers who are actuallyembodied in the military forces of an enemy, or who are en route to serve in an enemy’s military forces, or who areemployed in the public service of an enemy, or who may be engaged in or suspected of service in the interests of anenemy may be made prisoners of war.”).983