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In addition, interception may not be conducted during passage through neutralinternational straits or neutral archipelagic sea lanes. 9514.5.2 Diversion of Aircraft. Diversion and search of civil aircraft may be conductedoutside neutral airspace as part of the belligerent right of visit and search (e.g., to help determinewhether aircraft are liable to capture for carriage of contraband or for breach of blockade). 96Interference with civil aircraft of neutral States must be justified by military necessity.If, upon interception outside of neutral airspace, reasonable grounds exist for suspectingthat the intercepted civil aircraft, its cargo, or its personnel are liable to capture, 97 then it may bedirected to proceed to a belligerent airfield that is both reasonably accessible and suitable for thetype of aircraft involved for visit and search. 98 Should such an airfield not be available, theintercepted civil aircraft may be diverted from its declared destination. 99Certain aircraft are exempt from the belligerent right to divert aircraft for purposes ofvisit and search: (1) neutral military aircraft; and (2) neutral civil aircraft accompanied byneutral military aircraft of the same nationality. 10014.5.2.1 Failure to Comply by Civil Aircraft. An enemy civil aircraft thatpersistently fails to comply with military instructions becomes a military objective subject toattack. 101Failure to comply with military instructions from intercepting aircraft does not in itselfrender a neutral or non-belligerent civil aircraft a military objective. However, it may providestrong evidence that the civil aircraft is in fact being used for a military or hostile purpose.14.5.3 Capture of Aircraft and Goods on Board Aircraft. Enemy civil aircraft and goodson board such aircraft may be captured outside neutral airspace. 10295 Refer to § 15.8 (Passage of Belligerent Vessels and Aircraft Through International Straits and Archipelagic SeaLanes).96 Refer to § 15.13.4.3 (Visit and Search of Civil Aircraft by Military Aircraft).97 Refer to § 15.15.1 (Grounds for the Capture of Neutral Vessels and Aircraft).98 Consider Commission of Jurists to Consider and Report Upon the Revision of the Rules of Warfare, GeneralReport, Part II: Rules of Aërial Warfare, art. 50, Feb. 19, 1923, reprinted in 32 AJIL SUPPLEMENT: OFFICIALDOCUMENTS 12, 44 (1938) (“Belligerent military aircraft have the right to order public non-military and privateaircraft to alight in or proceed for visit and search to a suitable locality reasonably accessible. Refusal, afterwarning, to obey such orders to alight or to proceed to such a locality for examination exposes an aircraft to the riskof being fired upon.”).99 2007 NWP 1-14M 7.6.3 (“If, upon interception outside of neutral airspace, reasonable grounds exist forsuspecting that the intercepted civilian aircraft is carrying contraband cargo or that, despite its neutral markings, it is,in fact, enemy, it may be directed to proceed for visit and search to a belligerent airfield that is both reasonablyaccessible and suitable for the type of aircraft involved. Should such an airfield not be available, the interceptedcivilian aircraft may be diverted from its declared destination.”).100 Refer to § 15.13.2 (Types of Neutral Vessels and Aircraft That Are Exempt From Visit and Search).101 Refer to § 14.8.3.2 (Forfeiture of Protection From Being Made the Object of Attack During Armed Conflict).915

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