5cjxburmr

Other civilian enemy nationals on board such captured ships as private passengers aresubject to the discipline of the captor. 98 If detained, such persons must, at a minimum, beafforded certain fundamental guarantees of humane treatment. 99Nationals of a neutral State on board captured enemy merchant vessels should not bedetained unless they have participated in acts of hostility or resistance against the captor, or areotherwise in the service of the enemy. 10013.6 ENEMY VESSELS EXEMPT FROM CAPTURE OR DESTRUCTIONCertain classes of enemy vessels are exempt from capture or destruction, provided theyare innocently and solely employed in the activities that enjoy exempted status.Exempt vessels may not be used for purposes outside their innocent role while takingadvantage of their harmless appearance. Warships may not be disguised as exempt vessels. 10113.6.1 Duties of Exempt Vessels. These specially protected vessels must not take part inhostilities or assist the enemy’s military effort in any manner.Such vessels and boats are subject to the regulations of a belligerent naval commanderoperating in the area. 102 They must not hamper the movement of combatants, must submit toidentification and inspection procedures, and may be ordered out of harm’s way. Refusal toprovide immediate identification upon demand is ordinarily sufficient legal justification forcapture or destruction.13.6.2 Classes of Exempt Vessels. Specifically exempt vessels include: (1) cartelvessels; (2) hospital ships; (3) vessels charged with religious, non-military scientific, orphilanthropic missions; (4) vessels granted safe conduct; and (5) small fishing and tradevessels. 10398 2007 NWP 1-14M 8.6.2.1 (“Other enemy nationals on board such captured ships and aircraft as privatepassengers are subject to the discipline of the captor.”); 1955 NWIP 10-2 512 (“Other enemy nationals on boardcaptured enemy merchant vessels and aircraft as private passengers are subject to the discipline of a captor.”).99 Refer to § 8.1.1 (Overview of Detention Rules in This Manual and the Scope of Chapter VIII).100 2007 NWP 1-14M 8.6.2.1 (“Nationals of a neutral nation on board captured enemy merchant vessels andcivilian aircraft should not be detained unless they have participated in acts of hostility or resistance against thecaptor or are otherwise in the service of the enemy.”); 1955 NWIP 10-2 512 (“The nationals of a neutral state onboard captured enemy merchant vessels and aircraft as private passengers should not be made prisoners of war.”).Refer to § 15.6.2 (Forfeiture of Protections of Neutral Status by a Neutral Person).101 Refer to § 13.13 (Deception by Naval Forces, Including the Use of Enemy or Neutral Flags).102 Refer to § 13.8 (Belligerent Control of the Immediate Area of Naval Operations).103 1955 NWIP 10-2 503c (“The following enemy vessels and aircraft, when innocently employed, are exempt fromdestruction or capture: 1. Cartel vessels and aircraft, i.e., vessels and aircraft designated for and engaged in theexchange of prisoners. 2. Properly designated hospital ships, medical transports, and medical aircraft. 3. Vesselscharged with religious, scientific, or philanthropic missions. 4. Vessels and aircraft guaranteed safe conduct by priorarrangement between the belligerents. 5. Vessels and aircraft exempt by proclamation, operation plan, order, orother directive. 6. Small costal (not deep-sea) fishing vessels and small boats engaged in local coastal trade and not877