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forces. 322 Under certain circumstances, crews of merchant marine vessels or civil aircraft of aneutral that engage in hostilities may be treated like the crews of belligerent vessels or aircraft. 3234.16.1 Merchant or Civil Crews - Conduct of Hostilities. Merchant vessels or civilaircraft of a belligerent may be used to support military operations, such as by conveying goodsand military personnel to theaters of active military operations.Enemy merchant vessels or civil aircraft may be captured. 324 Belligerent merchantvessels or civil aircraft may resist attacks by enemy forces, including by eventually seizing theattacking vessels or aircraft. 325 However, merchant vessels or civil aircraft should not commithostile acts in offensive combat operations. 3264.16.2 Merchant or Civil Crews – Detention. Members of the crews of merchant marinevessels or civil aircraft of a belligerent are entitled to POW status, if they fall into the power ofthe enemy during international armed conflict. 327The GPW contemplates that certain members of the crews of merchant marine vessels orcivil aircraft of a belligerent may benefit from more favorable treatment under international law;i.e., they would not be detained as POWs. During wartime, enemy merchant seamen havecustomarily been subject to capture and detention. 328 However, the 1907 Hague XI provides thatthe crews of enemy merchant ships that did not take part in hostilities were not to be held asPOWs provided “that they make a formal promise in writing, not to undertake, while hostilitieslast, any service connected with the operations of the war.” 329 Although these provisions proved322 Refer to § 4.15 (Persons Authorized to Accompany the Armed Forces).323 Refer to § 15.14 (Acquisition of Enemy Character by Neutral-Flagged Merchant Vessels and Neutral-MarkedCivil Aircraft).324 Refer to § 13.5 (Enemy Merchant Vessels).325 LAUTERPACHT, II OPPENHEIM’S INTERNATIONAL LAW 266 (§85) (“In a sense, the crews of merchantmen ownedby subjects of a belligerent belong to its armed forces. For those vessels are liable to be seized by enemy men-ofwar,and, if attacked for that purpose, they may defend themselves, may return the attack, and eventually seize theattacking men-of-war. The crews of merchant men become in such cases combatants, and enjoy all the privileges ofthe members of the armed forces.”).326 LAUTERPACHT, II OPPENHEIM’S INTERNATIONAL LAW 266 (§85) (“But, unless attacked, they must not commithostilities, and if they do so they are liable to be treated as criminals, just as are private individuals who commithostilities in land warfare.”).327 GPW art. 4A(5) (defining “prisoners of war, in the sense of the present Convention,” to include “[m]embers ofcrews, including masters, pilots and apprentices, of the merchant marine and the crews of civil aircraft of the Partiesto the conflict, who do not benefit by more favourable treatment under any other provisions of international law”who have fallen into the power of the enemy).328 GPW COMMENTARY 65 (“In the past, it was generally recognized that in time of war merchant seamen wereliable to capture.”).329 See HAGUE XI art. 6 (“The captain, officers, and members of the crew, when nationals of the enemy State, are notmade prisoners of war, on condition that they make a formal promise in writing, not to undertake, while hostilitieslast, any service connected with the operations of the war.”); HAGUE XI art. 8 (“The provisions of the threepreceding articles do not apply to ships taking part in the hostilities.”).149