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Rules concerning the Control of Wireless Telegraphy in Time of War and Air Warfare. Drafted by a Commission of Jurists at the Hague, December 1922 - February 1923.
Part II: Rules of Air Warfare#Chapter V: On Military Authority over enemy and neutral aircraft and persons on board. - Art. 36.
Art. 36. When an enemy military aircraft falls into the hands of a belligerent, the members of the crew and the passengers, if any, may be made prisoners of war.
The same rule applies to members of the crew and to the passengers, if any, of an enemy non-military aircraft, except that in the case of public non-military aircraft exclusively employed for the transport of passengers, the latter are entitled to being released unless they be in the enemy's service or enemy subjects fit for military service.
If an enemy private aircraft falls into the hands of a belligerent, the members of the crew who are enemy subjects or neutral subjects in the enemy's service, may be made prisoners of war. The neutrals, members of the crew, who are not in the enemy's service, are entitled to being released, if they sign a written engagement to the effect that they will not serve on an enemy aircraft until the end of the hostilities. The passengers must be released unless they be in the enemy's service or enemy subjects fit for military service, in which cases they may be made prisoners of war.
The release may, in all cases, be postponed if the military interests of the belligerent require it.
The belligerent may keep as a prisoner of war every member of the crew or every passenger whose conduct during the flight at the end of which he has been arrested has been of a special and active assistance for the enemy.
The names of the persons released after signing the written engagement provided for in the third paragraph of the present article, shall be communicated to the other belligerent, who shall not employ them wittingly in violation of their engagement.