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government by the fact of capture. 81 As public movable property, warships are seizable as warbooty. 82 Similarly, prize procedures are not used for captured enemy military aircraft. 8313.5 ENEMY MERCHANT VESSELS13.5.1 Capture of Enemy Merchant Vessels. Enemy merchant vessels may be capturedwherever located beyond neutral territory. Prior exercise of visit and search is not required,provided positive determination of enemy status can be made by other means. 8413.5.1.1 Captured Enemy Merchant Vessels – Notes on Terminology. A capturedneutral or enemy merchant vessel is called a prize.13.5.1.2 Use of Prize Procedures to Complete Transfer of Title. Prize proceduresare usually used to complete the transfer of title of captured property, such as enemy merchantships. 8513.5.1.3 Destruction of Captured Enemy Merchant Vessels. When militarycircumstances preclude sending or taking in such vessel or aircraft for adjudication as an enemyprize, it may be destroyed after all possible measures are taken to provide for the safety ofpassengers and crew. 86 Documents and papers relating to the prize should be safeguarded and, if81 1955 NWIP 10-2 503a(2) (“Enemy warships and military aircraft may be captured outside neutral jurisdiction.Prize procedure is not used for such captured vessels and aircraft because their ownership immediately vests in thecaptor’s government by the fact of capture.”).82 Refer to § 5.17.3 (Enemy Movable Property on the Battlefield (War Booty)).83 Refer to § 14.5.3 (Capture of Aircraft and Goods on Board Aircraft).84 2007 NWP 1-14M 8.6.2.1 (“Enemy merchant vessels and civil aircraft may be captured wherever located beyondneutral territory. Prior exercise of visit and search is not required, provided positive determination of enemy statuscan be made by other means.”).85 See, e.g., LAUTERPACHT, II OPPENHEIM’S INTERNATIONAL LAW 482 (§192) (“It has already been stated above thatthe capture of a private enemy vessel has to be confirmed by a Prize Court, and that it is only through itsadjudication that the vessel becomes finally appropriated.”); Oakes v. United States, 174 U.S. 778, 786-87 (1899)(“By the law of nations, recognized and administered in this country, when movable property in the hands of theenemy, used, or intended to be used, for hostile purposes, is captured by land forces, the title passes to the captors assoon as they have reduced the property to firm possession; but when such property is captured by naval forces, ajudicial decree of condemnation is usually necessary to complete the title of the captors.”).86 2007 NWP 1-14M 8.6.2.1 (“When military circumstances preclude sending or taking in such vessel or aircraftfor adjudication as an enemy prize, it may be destroyed after all possible measures are taken to provide for the safetyof passengers and crew.”); 1955 NWIP 10-2 503b(2) (“Enemy merchant vessels and aircraft which have beencaptured may, in case of military necessity, be destroyed by the capturing officer when they cannot be sent orescorted in for adjudication. Should the necessity for the destruction of an enemy prize arise, it is the duty of thecapturing officer to take all possible measures to provide for the safety of passengers and crew.”).874