sou · GYB322d3 · 2011-01-01 00:00:00 — 139.The fact that a neutral civilian aircraft has submitted to such measures of supervision as the inspection of its cargo and grant of certificates of non-contraband cargo by one Belligerent Party is not an act of unneutral service with regard to the opposing Belligerent Party. 140.Neutral civilian aircraft are subject to capture as prize outside neutral airspace, if it is determined as a result of inspection or by other means that any one of the following conditions is fulfilled: (a)They are carrying contraband. (b)They are on a flight especially undertaken to transport indi- vidual passengers who are members of the enemys armed forces. (c)They are operating directly under enemy control, orders, charter, employment or direction. (d)They present irregular or fraudulent documents, lack neces- sary documents, or destroy, (e)deface or conceal documents. (f)They are violating regulations established by a Belligerent Party within the immediate area of military operations. (g)They are engaged in breach of an aerial blockade (see Section V of this Manual). Goods on board neutral civilian aircraft outside neutral air- space are subject to capture as prize in any one of the following cases: (a)They constitute contraband. (b)The neutral civilian aircraft is engaged in activities rendering it a military objective under Rule 174. 142.The capture of neutral civilian aircraft and of goods on board can be exercised only in the cases provided for in Rules 140 and 141 and is subject to prize adjudication. In all circumstances of capture of a civilian aircraft - whether neutral or enemy - the safety of passengers and crew on board must be provided for. Documents and papers relating to the aircraft must be safeguarded. Determination of enemy character 144.The fact that a civilian aircraft bears the marks of an enemy Belligerent Party is conclusive evidence of its enemy character. Enemy character of a civilian aircraft can also be determined by registration, ownership, charter or other appropriate criteria. 145.For the purposes of capture and prize, a civilian aircraft bearing no marks is presumed to have enemy character. (a) If the commander of a military aircraft suspects that a civilian aircraft with neutral marks in fact has enemy character, the commander is entitled to exercise the right of interception and, if circumstances require, the right to for the purpose of inspection. (b)If it is established, after inspection, that the civilian aircraft with neutral marks does not have enemy character, it must be allowed to proceed without delay. Section V: Aerial Blockade 147.An aerial blockade is a belligerent operation to prevent aircraft (including UAVs/UCAVs) from entering or exiting specified airfields or areas belonging to, occupied by, or under the control of the enemy. (a) An aerial blockade must be declared by a Belligerent Party and notified to all States. (b)The declaration must specify the commencement, duration, location, and extent of the aerial blockade and the period in which neutral aircraft may leave the blockaded area. (c)Whenever feasible, a Notice to Airmen (NOTAM) about the of the aerial blockade ought to be issued by the Blockading Party in accordance with Rule 55. (a) The cessation, temporary lifting, re-establishment, exten- sion or other alteration of an aerial blockade must be declared and notified to all States. (b)Whenever feasible, a Notice to Airmen (NOTAM) about any changes under paragraph (a) ought to be issued by the Blockading Party in accordance with Rule 55. 150.An aerial blockade must not bar access to the airspace of Neutrals. 151.An aerial blockade must be effective. The question whether such a blockade is effective is a question of fact. 152.The force maintaining the aerial blockade may be deployed at a distance determined by military requirements. (a) An aerial blockade may be enforced and maintained by a combination of lawful means of warfare, provided that this combination does not result in acts inconsistent with the law of international armed conflict. (b)Aircraft in distress must be allowed to enter the blockaded area when necessary. 154.To the extent that an aerial blockade is maintained and enforced exclusively by military aircraft , the condition of effec- tiveness (Rule 151) requires a sufficient degree of air superiority. 155.An aerial blockade must be enforced impartially as regards the aircraft of all States. 156.For an aerial blockade to be considered effective under Rule 151, it is required that civilian aircraft believed on reasonable grounds to be breaching, or attempting to breach, an aerial blockade, be forced to land, inspected, captured or diverted. If civilian aircraft clearly resist interception, an order to land and capture, they are at risk of attack after prior warning. As for civilian airliners, Section J applies. 157.The or maintenance of an aerial blockade is prohibited in any one of the following cases: (a)Its sole or primary purpose is to starve the civilian population or to deny that population other objects essential for its survival. (b)The suffering of the civilian population is, or may be expected to be, excessive in relation to the concrete and direct military advantage anticipated from the aerial blockade. 158.Subject to Rule 100, if the civilian population of the blockaded area is inadequately provided with food or other objects essential for its survival, the Blockading Party must provide for free passage of such foodstuff s or other essential supplies, for example by establishing a humanitarian air corridor, subject to the following conditions: (a)The Blockading Party retains the right to prescribe the technical arrangements, including inspection, under which such passage is permitted. (b)The distribution of such supplies may be made subject to the condition that it will be carried out under the local supervision of a Protecting or a humanitarian organization which offers guarantees of impartiality, such as . The Blockading Party must allow the passage of supp- lies for the civilian population or for the wounded and sick mem- bers of armed forces, subject to the right to prescribe technical arrangements, including inspection, under which such passage is permitted. Section W: Combined Operations 160.A combined operation is an operation in which two or more States participate on the same side of an international armed conflict, either as members of a permanent alliance or an ad hoc coalition. 161.A State may not invoke its participation in combined operations as justification for its failure to perform its obligations under the law of international armed conflict. 162.The legal obligations of a State participating in combined operations do not change when its armed forces are operating in a multinational force under the command or control of a military commander of a different nationality. 163.A States obligations under the law of international armed conflict do not change when its air or missile forces are operating from the territory of a cobelligerent, including when its air or missile forces are operating from the territory of a co-belligerent that has different obligations under the law of international armed conflict. 164.A State may participate in combined operations with States that do not share its obligations under the law of international armed conflict although those other States might engage in activities prohibited for the first State. Section X: Neutrality I. Scope of application 165.Where the takes binding preventive or enforcement measures under Chapter VII of the Charter of the United Nations - including the authorization of the use of force by a particular State or group of States - no State may rely upon the law of neutrality to justify conduct which would be incompatible with its obligations under the Charter of the United Nations. 166.Hostilities between Belligerent Parties must not be conducted within neutral territory. (a) Belligerent Parties are prohibited in neutral territory to conduct any hostile actions, establish bases of operations or use such territory as a sanctuary. Furthermore, neutral territory must not be used by Belligerent Parties for the movement of troops or supplies, including overflights by military aircraft or missiles, or for operation of military communication systems. (b)However, when Belligerent Parties use for military purposes a public, internationally and openly accessible network such as the Internet, the fact that part of this infrastructure is situated within the jurisdiction of a Neutral does not constitute a violation of neutrality. (a) A Neutral must not allow any of the acts referred to in Rule 167 (a) to occur within its territory and must use all the means available to it to prevent or terminate them. (b)If the use of the neutral territory or airspace by a Belligerent Party constitutes a serious violation, the opposing Belligerent Party may, in the absence of any feasible and timely alternative, use such force as is necessary to terminate the violation of neutrality. The fact that a Neutral resists, even by force, attempts to violate its neutrality cannot be regarded as a hostile act. However, the use of force by the Neutral must not exceed the degree required to repel the incursion and maintain its neutrality. Specifics of air or missile operations (a) incursion or transit by a belligerent military aircraft (including a UAV/UCAV) or missile into or through neutral airspace is prohibited. This is without prejudice to the right of transit passage through straits used for international navigation or archipelagic sea lanes passage. (b)A Neutral must exercise surveillance, to the extent that the means at its disposal allow, to enable it to prevent the violation of its neutrality by belligerent forces. (c)In the event a belligerent military aircraft enters neutral airspace (other than straits used for international navigation or archipelagic sea lanes), the Neutral must use all the means at its disposal to prevent or terminate that violation. If captured, the aircraft and their crews must be interned for the duration of the armed conflict. 171.Belligerent Parties must not commit any of the following acts: (a)Attack on or capture of persons or objects located in neutral airspace. (b)Use of neutral territory or airspace as a base of operations - for attack, targeting, or intelligence purposes - against enemy targets in the air, on land or on water outside that territory. (c)Conducting interception, inspection, diversion or capture of or aircraft in neutral territory. (d)other activity involving the use of military force or contributing to the war-fighting effort, including transmission of data or combat search-and-rescue operations in neutral territory. (a) Belligerent military aircraft may not enter the airspace of Neutrals, except that: (i)Belligerent military aircraft in distress may be permitted to enter neutral airspace and to land in neutral territory under such safeguards as the Neutral may wish to impose. The Neutral is obligated to require such aircraft to land and to intern the aircraft and their crews. (ii)The airspace above neutral international straits and archi- pelagic sea lanes remains open at all times to belligerent aircraft , including armed military aircraft engaged in tran- sit or archipelagic sea lanes passage. (iii)The Neutral may permit belligerent military aircraft to enter for purposes of capitulation. (b)Neutrals must use the means at their disposal to require capitulating belligerent military aircraft to land within their territory, and must intern the aircraft and their crews for the duration of the international armed conflict. Should such an aircraft commit hostile acts, or should it fail to follow the instructions to land, it may be attacked without further notice. A Neutral is not bound to prevent the private export or transit on behalf of a Belligerent Party of aircraft, parts of aircraft , or material, supplies or munitions for aircraft. However, a Neutral is bound to use the means at its disposal: (a)To prevent the departure from its jurisdiction of an aircraft in a condition to make a hostile attack against a Belligerent Party, if there is reason to believe that such aircraft is destined for such use. (b)To prevent the departure from its jurisdiction of the crews of military aircraft , as well as passengers and crews of civilian aircraft, who are members of the armed forces of a Belligerent Party. 174.Without prejudice to Sections J and V of this Manual, the following activities may render a neutral civilian aircraft a military objective: (a)It is believed on reasonable grounds to be carrying contra- band, and, after prior warning or interception, it intentionally and clearly refuses to from its destination, or intentio- nally and clearly refuses to proceed for inspection to a belligerent airfield that is safe for the type of aircraft involved and reasonably accessible. (b)Engaging in hostile actions in support of the enemy, e.g. intercepting or attacking other aircraft; attacking persons or objects on land or sea; being used as a means of attack; engaging in electronic warfare; or providing targeting information to enemy forces. (c)Facilitating the military actions of the enemys armed forces, e.g. transporting troops, carrying military materials, or refuelling military aircraft. (d)Being incorporated into or assisting the enemys intelligence gathering system, e.g., engaging in reconnaissance, early war- ning, surveillance or command, control and communications missions. (e)Refusing to comply with the orders of military authorities, including instructions for landing, inspection and possible capture, or it clearly resists interception. (f)Otherwise making an effective contribution to military action. 175.The fact that a civilian aircraft bears the marks of a Neutral is prima facie evidence of its neutral character.