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practicable, the personal effects of passengers should be saved. 87 Every case of destruction of acaptured enemy prize should be reported promptly to higher command. 88The destruction of neutral prizes involves similar procedures, but a more seriousresponsibility. 8913.5.2 Attack of Enemy Merchant Vessels. Enemy merchant vessels may be made theobject of attack, outside neutral territory, if they constitute a military objective. 90In particular, enemy merchant vessels may be attacked and destroyed by warships, eitherwith or without prior warning, in any of the following circumstances: 91• persistently refusing to stop upon being duly summoned to do so;• actively resisting visit and search or capture;• sailing under convoy of enemy warships or enemy military aircraft;• armed with systems or weapons beyond that required for self-defense against terrorist,piracy, or like threats;• if incorporated into, or assisting, the enemy’s military intelligence system;• if acting in any capacity as a naval or military auxiliary to an enemy’s armed forces; or• if otherwise integrated into the enemy’s war-fighting/war-sustaining effort such that abelligerent warship’s compliance with the rules of the 1936 London Protocol would,87 1955 NWIP 10-2 503b(2) (“All documents and papers relating to an enemy prize should be saved. If practicable,the personal effects of passengers should be saved.”).88 1955 NWIP 10-2 503b(2) (“Every case of destruction of an enemy prize should be reported promptly to highercommand.”).89 Refer to § 15.15.3 (Destruction of Neutral Prizes).90 Refer to § 5.7 (Military Objectives).91 2007 NWP 1-14M 8.6.2.2 (“Accordingly, enemy merchant vessels may be attacked and destroyed by surfacewarships, either with or without prior warning, in any of the following circumstances: 1. Persistently refusing tostop upon being duly summoned to do so 2. Actively resisting visit and search or capture 3. Sailing under convoy ofenemy warships or enemy military aircraft 4. If armed with systems or weapons beyond that required for selfdefenseagainst terrorist, piracy, or like threats 5. If incorporated into, or assisting in any way, the intelligencesystem of the enemy’s armed forces 6. If acting in any capacity as a naval or military auxiliary to an enemy’s armedforces 7. If integrated into the enemy’s war-fighting/war-sustaining effort and compliance with the rules of the 1936London Protocol would, under the circumstances of the specific encounter, subject the surface warship to imminentdanger or would otherwise preclude mission accomplishment.”); 1955 NWIP 10-2 503b(3) (“Destruction of EnemyMerchant Vessels Prior to Capture. Enemy merchant vessels may be attacked and destroyed, either with or withoutprior warning, in any of the following circumstances: 1. Actively resisting visit and search or capture. 2. Refusingto stop upon being duly summoned. 3. Sailing under convoy of enemy warships or enemy military aircraft. 4. Ifarmed, and there is reason to believe that such armament has been used, or is intended for use, offensively against anenemy. 5. If incorporated into, or assisting in any way, the intelligence system of an enemy’s armed forces. 6. Ifacting in any capacity as a naval or military auxiliary to an enemy’s armed forces.”).875

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