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Any enemy State aircraft (including military, law enforcement, and customs aircraft), aspublic movable property, is subject to capture as war booty with ownership passing immediatelyto the captor government. 103 Similarly, prize procedure is not used for captured enemywarships. 104Neutral civil aircraft engaged in certain activity in violation of their neutral status areliable to capture. 105 Even if not liable to capture, neutral civil aircraft are subject to visit andsearch. 10614.6 BELLIGERENT CONTROL OF AVIATION IN THE IMMEDIATE VICINITY OF HOSTILITIESBelligerents may prohibit or establish special restrictions upon flight activities in theimmediate vicinity of hostilities to prevent such activities from jeopardizing military operations.In some cases, this right may be distinct from a belligerent State’s right to establish airspacezones during armed conflict. 107As with the belligerent right to control the immediate area of naval operations, this rightis based on a belligerent State’s right to ensure the security of its forces and its right to conducthostilities without interference from neutrals. 108 However, belligerent control of aviation in theimmediate vicinity of hostilities may be applicable in the national airspace of belligerents. 10914.7 AIRSPACE ZONESDuring armed conflict, States may establish airspace zones and associated proceduresintended to prohibit aircraft from entering or flying in designated areas, including areas in102 Consider Commission of Jurists to Consider and Report Upon the Revision of the Rules of Warfare, GeneralReport, Part II: Rules of Aërial Warfare, art. 49, Feb. 19, 1923, reprinted in 32 AJIL SUPPLEMENT: OFFICIALDOCUMENTS 12, 40 (1938) (“Private aircraft are liable to visit and search and to capture by belligerent militaryaircraft.”); Commission of Jurists to Consider and Report Upon the Revision of the Rules of Warfare, GeneralReport, Part II: Rules of Aërial Warfare, art. 52, Feb. 19, 1923, reprinted in 32 AJIL SUPPLEMENT: OFFICIALDOCUMENTS 12, 45 (1938) (“Enemy private aircraft are liable to capture in all circumstances.”).103 Refer to § 5.17.3 (Enemy Movable Property on the Battlefield (War Booty)). Consider Commission of Jurists toConsider and Report Upon the Revision of the Rules of Warfare, General Report, Part II: Rules of Aërial Warfare,art. 32, Feb. 19, 1923, reprinted in 32 AJIL SUPPLEMENT: OFFICIAL DOCUMENTS 12, 30 (1938) (“Enemy publicaircraft, other than those treated on the same footing as private aircraft, shall be subject to confiscation without prizeproceedings.”); Program on Humanitarian Policy and Conflict Research at Harvard University, Commentary on theHPCR Manual on International Law Applicable to Air and Missile Warfare, 275 (U.I.136(a)) (2010) (“Enemymilitary, law-enforcement and customs aircraft are booty of war. Prize procedures do not apply to captured enemymilitary aircraft and other State aircraft, inasmuch as their ownership immediately passes to the captor governmentby virtue of capture.”).104 Refer to § 13.4.3 (Captured Enemy Warships – No Prize Procedure).105 Refer to § 15.15.1 (Grounds for the Capture of Neutral Vessels and Aircraft).106 Refer to § 15.13 (Belligerent Right of Visit and Search of Merchant Vessels and Civil Aircraft).107 Refer to § 14.7 (Airspace Zones).108 Refer to § 13.8 (Belligerent Control of the Immediate Area of Naval Operations).109 Refer to § 14.2.1.1 (National Airspace).916