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San Remo Manual on International Law Applicable to Armed Conflicts at Sea, 12 June 1994
CAPTURE OF NEUTRAL CIVIL AIRCRAFT AND GOODS
: CAPTURE OF NEUTRAL CIVIL AIRCRAFT AND GOODS
153. Neutral civil aircraft are subject to capture outside neutral airspace if they are engaged in any of the activities in paragraph 70 or if it is determined as a result of visit and search or by any other means, that they:
(a) are carrying contraband;
(b) are on a flight especially undertaken with a view to the transport of individual passengers who are embodied in the armed forces of the enemy;
(c) are operating directly under enemy control, orders, charter, employment or direction;
(d) present irregular or fraudulent documents, lack necessary documents, or destroy, deface or conceal documents;
(e) are violating regulations established by a belligerent within the immediate area of naval operations; or
(f) are engaged in a breach of blockade.
154. Goods on board neutral civil aircraft are subject to capture only if they are contraband.
155. The rules regarding contraband as prescribed in paragraphs 148-150 shall also apply to goods on board neutral civil aircraft.
156. Capture is exercised by intercepting the neutral 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 and after visit and search, taking it as prize for adjudication. If there is no belligerent airfield that is safe and reasonably accessible, a neutral civil aircraft may be diverted from its declared destination.
157. As an alternative to capture, a neutral civil aircraft may, with its consent, be diverted from its declared destination.
158. 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.