and not in the service of the enemy. If they are enemy nationals or in the service of the enemy, they may be made prisoners of war. Passengers are entitled to be released unless they are in the service of the enemy or are enemy nationals fit for military service, in which cases they may be made prisoners of war. Release may in any case be delayed if the military interests of the belligerent so require. The belligerent may hold as prisoners of war any member of the crew or any passenger whose service in flight at the close of which he has been captured has been of special and active assistance to the enemy. ARTICLE 38 Where under the provisions of Articles 36 and 37 it is provided that members of the crew or passengers may be made prisoners of war, it is to be understood that, if they are not members of the armed forces, they shall be entitled to treatment not less favorable than that accorded to prisoners of war. CHAPTER VI Belligerent Duties towards Neutral States and Neutral Duties ARTICLE 39 Belligerent aircraft are bound to respect the rights of neutral Powers and to abstain within the jurisdiction of a neutral state from the commission of any act which it is the duty of that state to prevent.. ARTICLE 40 Belligerent military aircraft are forbidden to enter the jurisdiction of a neutral state. ARTICLE 41 Aircraft on board vessels of war, including aircraft-carriers, shall be regarded as part of such vessel. ARTICLE 42 A neutral government must use the means at its disposal to prevent the entry within its jurisdiction of belligerent military aircraft and to compel them to alight if they have entered such jurisdiction. A neutral government shall use the means at its disposal to intern any belligerent military aircraft which is within its jurisdiction after having alighted for any reason whatsoever, together with its crew and the passengers, if any. ARTICLE 43 The personnel of a disabled belligerent military aircraft rescued outside neutral waters and brought into the jurisdiction of a neutral state by a neutral military aircraft and there landed shall be interned. ARTICLE 44 The supply in any manner, directly or indirectly, by a neutral government to a belligerent Power of aircraft, parts of aircraft, or material, supplies or munitions required for aircraft is forbidden. 290 MILITARY AID TO THE CIVIL POWER ARTICLE 45 Subject to the provisions of Article 46, a neutral Power is not bound to prevent the export or transit on behalf of a belligerent of aircraft, parts of aircraft, or material, supplies or munitions for aircraft. ARTICLE 46 A neutral government is bound to use the means at its disposal: (1) To prevent the departure from its jurisdiction of an aircraft in a condition to make a hostile attack against a belligerent Power, or carrying or accompanied by appliances or materials the mounting or utilization of which would enable it to make a hostile attack, if there is reason to believe that such aircraft is destined for use against a belligerent Power; (2) To prevent the departure of an aircraft the crew of which includes any member of the combatant forces of a belligerent Power; (3) To prevent work upon an aircraft designed to prepare it to depart in contravention of the purposes of this article. On the departure by air of any aircraft despatched by persons or companies in neutral jurisdiction to the order of a belligerent Power, the neutral government must prescribe for such aircraft a route avoiding the neighborhood of the military operations of the opposing belligerent, and must exact whatever guarantees may be required to ensure that the aircraft follows the route prescribed. ARTICLE 47 A neutral state is bound to take such steps as the means at its disposal permit to prevent within its jurisdiction aerial observation of the movements, operations or defenses of one belligerent, with the intention of informing the other belligerent. This provision applies equally to a belligerent military aircraft on board a vessel of war. ARTICLE 48 The action of a neutral Power in using force or other means at its disposal in the exercise of its rights or duties under these rules cannot be regarded as a hostile act. CHAPTER VII Visit and Search, Capture and Condemnation ARTICLE 49 Private aircraft are liable to visit and search and to capture by belligerent military aircraft. ARTICLE 50 Belligerent military aircraft have the right to order public non-military and private aircraft to alight in or proceed for visit and search to a suitable locality reasonably accessible. Refusal, after warning, to obey such orders to alight or to proceed to such a locality for examination exposes an aircraft to the risk of being fired upon. ARTICLE 51 Neutral public non-military aircraft, other than those which are to be treated as private aircraft, are subject only to visit for the purpose of the verification of their papers. Enemy private aircraft are liable to capture in all circumstances. ARTICLE 53 A neutral private aircraft is liable to capture if it: (a) Resists the legitimate exercise of belligerent rights; (b) Violates a prohibition of which it has had notice issued by a belligerent commanding officer under Article 30; (c) Is engaged in unneutral service; (d) Is armed in time of war when outside the jurisdiction of its own country; (e) Has no external marks or uses false marks; (f) Has no papers or insufficient or irregular papers; (g) Is manifestly out of the line between the point of departure and the point of destination indicated in its papers and after such enquiries as the belligerent may deem necessary, no good cause is shown for the deviation. The aircraft, together with its crew and passengers, if any, may be detained by the belligerent, pending such enquiries; (h) Carries, or itself constitutes, contraband of war; (i) Is engaged in breach of a blockade duly established and effectively maintained; (k) Has been transferred from belligerent to neutral nationality at a date and in circumstances indicating an intention of evading the consequences to which an enemy aircraft, as such, is exposed. Provided that in each case (except k), the ground for capture shall be an act carried out in the flight in which the neutral aircraft came into belligerent hands, i.e., since it left its point of departure and before it reached its point of destination. ARTICLE 54 The papers of a private aircraft will be regarded as insufficient or irregular if they do not establish the nationality of the aircraft and indicate the names and nationalities of the crew and passengers, the points of departure and destination of the flight, together with particulars of the cargo and the conditions under which it is transported. The logs must also be included. ARTICLE 55 Capture of an aircraft or of goods on board an aircraft shall be made the subject of prize proceedings, in order that any neutral claim may be duly heard and determined. ARTICLE 56 A private aircraft captured upon the ground that it has no external marks or is using false marks, or that it is armed in time of war outside the jurisdiction of its own country, is liable to condemnation. A neutral private aircraft captured upon the ground that it has disregarded the direction of a belligerent commanding officer under Article 30 is liable to condemnation, unless it can justify its presence within the prohibited zone. In all other cases, the prize court in adjudicating upon any case of capture of an aircraft or its cargo, or of postal correspondence on board an aircraft, shall apply the same rules as would be applied to a merchant vessel or its cargo or to postal correspondence on board a merchant vessel. ARTICLE 57 Private aircraft which are found upon visit and search to be enemy aircraft may be destroyed if the belligerent commanding officer finds it 292 MILITARY AID TO THE CIVIL POWER necessary to do so, provided that all persons on board have first been placed in safety and all the papers of the aircraft have been preserved. ARTICLE 58 Private aircraft which are found upon visit and search to be neutral aircraft liable to condemnation upon the ground of unneutral service, or upon the ground that they have no external marks or are bearing false marks, may be destroyed, if sending them in for adjudication would be impossible or would imperil the safety of the belligerent aircraft or the success of the operations in which it is engaged. Apart from the cases mentioned above, a neutral private aircraft must not be destroyed except in the gravest military emergency, which would not justify the officer in command in releasing it or sending it in for adjudication. ARTICLE 59 Before a neutral private aircraft is destroyed, all persons on board must be placed in safety, and all the papers of the aircraft must be preserved. A captor who has destroyed a neutral private aircraft must bring the capture before the prize court, and must first establish that he was justified in destroying it under Article 58. If he fails to do this, parties interested in the aircraft or its cargo are entitled to compensation. If the capture is held to be invalid, though the act of destruction is held to have been justifiable, compensation must be paid to the parties interested in place of the restitution to which they would have been entitled. ARTICLE 60 Where a neutral private aircraft is captured on the ground that it is carrying contraband, the captor may demand the surrender of any absolute contraband on board, or may proceed to the destruction of such absolute contraband, if sending in the aircraft for adjudication is impossible or would imperil the safety of the belligerent aircraft or the success of the operations in which it is engaged. After entering in the log book of the aircraft the delivery or destruction of the goods, and securing, in original or copy, the relevant papers of the aircraft, the captor must allow the neutral aircraft to continue its flight. The provisions of the second paragraph of Article 59 will apply where absolute contraband on board a neutral private aircraft is handed over or destroyed. CHAPTER VIII Definitions * ARTICLE 61 The term "military" throughout these rules is to be read as referring to all branches of the forces, i.e., the land forces, the naval forces and the air forces. ARTICLE 62 Except so far as special rules are here laid down and except also so far as the provisions of Chapter VII of these rules or international conventions indicate that maritime law and procedure are applicable, aircraft personnel engaged in hostilities come under the laws of war and neutrality applicable to land troops in virtue of the custom and practice of international law and of the various declarations and conventions to which the states concerned are parties. APPENDIX B Forms, Etc., Relating to Military Government Page 293 No. 35. Letter of Instructions from President respecting exercise of military government.. No. 36. G-2 Digest of Information respecting hostile territory to be occupied.. 293 No. 37. Proclamation announcing establishment of military government293 .294 their procedure.. .295 No. 40. Proposed form for summons to appear before provost court....298 299 .301 No. 43. Classification of property in occupied territory. .302 No. 44. Order against fraternization, pillaging, etc., in Germany. .303 .303 .305 No. 47. Order issued in Germany showing relaxation of restrictions and other changes influenced by the Inter-Allied Rhineland High Commission.... 307 No. 35 LETTER OF INSTRUCTIONS FROM PRESIDENT RESPECTING EXERCISE OF MILITARY GOVERNMENT (See Chapter III, Section VIII, paragraph 32.) No. 36 G-2 DIGEST OF INFORMATION RESPECTING ENEMY TERRITORY TO BE OCCUPIED (See Chapter III, Section VIII, paragraph 108.) No. 37 PROCLAMATION ANNOUNCING ESTABLISHMENT OF MILITARY GOVERNMENT (See Chapter III, Section VIII, paragraph 110 d; Section IV, paragraphs 59 and 65, and Section III, paragraph 34.) |