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San Remo Manual on International Law Applicable to Armed Conflicts at Sea, 12 June 1994

CAPTURE OF ENEMY CIVIL AIRCRAFT AND GOODS

SECTION V : CAPTURE OF ENEMY CIVIL AIRCRAFT AND GOODS

141. Subject to the provisions of paragraph 142, enemy civil aircraft and goods on board such aircraft may be captured outside neutral airspace. Prior exercise of visit and search is not required.

142. The following aircraft are exempt from capture:

(a) medical aircraft;

and

(b) aircraft granted safe conduct by agreement between the parties to the conflict.

143. Aircraft listed in paragraph 142 are exempt from capture only if they:

(a) are innocently employed in their normal role;

(b) do not commit acts harmful to the enemy;

(d)

do not intentionally hamper the movement of combatants and obey orders to divert from their track when required; and

(e) are not in breach of a prior agreement.

144. Capture is exercised by intercepting the enemy civil aircraft, ordering it to proceed to a belligerent airfield that is safe for the type of aircraft involved and reasonably accessible and, on landing, taking the aircraft as a prize for adjudication. As an alternative to capture, an enemy civil aircraft may be diverted from its declared destination.

145. If capture is exercised, the safety of passengers and crew and their personal effects must be provided for. The documents and papers relating to the prize must be safeguarded.

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