Treaties, States Parties and Commentaries
Treaties and Documents
Geneva Conventions of 1949 and Additional Protocols, and their Commentaries
Historical Treaties and Documents
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 VII: Search, capture and confiscation. - Art. 53.
Art.53. A neutral private aircraft is liable to capture:
a) If it resists the legitimate exercise of the rights of the belligerents;
b) If it violates an interdiction whereof it has cognizance through a publication of a belligerent commander under the provision of Article 30
c) If it is guilty of assistance to the enemy;
d) If it is armed, in time of war, outside the jurisdiction of its own country;
e) If it has no exterior marks or if it makes use of false marks;
f) If it has no papers or if its papers are insufficient or irregular;
g) If it is clearly out of the route between the point of departure and the point of destination indicated by its papers and if after such inquest as the belligerent may deem necessary, no reasons are given to justify such deviation. The aircraft as well as the members of the crew and the passengers, if any, may be retained by the belligerent during the inquest;
h) If it carries war contraband or must be considered as such itself;
i) If it tries to force a blockade duly established and effectively maintained;
k) If it has been transferred from the belligerent nationality to the neutral nationality at a date and under circumstances indicating the intention of escaping the risks to which an enemy aircraft is exposed as such.
Nevertheless, in each case, except that indicated under k), the reason of the capture must be an act committed during the flight in the course of which the aircraft has fallen into the hands of the belligerent, i.e. since it has left its point of departure and before it has reached its point of destination.