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"РУКОВОДСТВО САН-РЕМО ПО МЕЖДУНАРОДНОМУ ПРАВУ, ПРИМЕНИМОМУ К ВООРУЖЕННЫМ КОНФЛИКТАМ НА МОРЕ" [рус., англ.] (Принято в г. Сан-Ремо 12.06.1994)





ship's boats are not regarded as a place of safety unless the safety of the passengers and crew is assured in the prevailing sea and weather conditions by the proximity of land or the presence of another vessel which is in a position to take them on board;
b) documents and papers relating to the prize are safeguarded; and
c) if feasible, personal effects of the passengers and crew are saved.
140. The destruction of enemy passenger vessels carrying only civilian passengers is prohibited at sea. For the safety of the passengers, such vessels shall be diverted to an appropriate area or port in order to complete capture.

Section V

CAPTURE OF ENEMY CIVIL AIRCRAFT AND GOODS

141. Subject to the provisions of paragraph 142, enemy civil aircraft and goods on board such aircraft may be captured outside neutral airspace. Prior exercise of visit and search is not required.
142. The following aircraft are exempt from capture:
a) medical aircraft; and
b) aircraft granted safe conduct by agreement between the parties to the conflict.
143. Aircraft listed in paragraph 142 are exempt from capture only if they:
a) are innocently employed in their normal role;
b) do not commit acts harmful to the enemy;
c) immediately submit to interception and identification when required;
d) do not intentionally hamper the movement of combatants and obey orders to divert from their track when required; and
e) are not in breach of a prior agreement.
144. Capture is exercised by intercepting the enemy 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, taking the aircraft as a prize for adjudication. As an alternative to capture, an enemy civil aircraft may be diverted from its declared destination.
145. 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.

Section VI

CAPTURE OF NEUTRAL MERCHANT VESSELS AND GOODS

146. Neutral merchant vessels are subject to capture outside neutral waters if they are engaged in any of the activities referred to in paragraph 67 or if it is determined as a result of visit and search or by other means, that they:
a) are carrying contraband;
b) are on a voyage 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 breaching or attempting to breach a blockade.
Capture of a neutral merchant vessel is exercised by taking such vessel as prize for adjudication.
147. Goods on board neutral merchant vessels are subject to capture only if they are contraband.
148. Contraband is defined as goods which are ultimately destined for territory under the control of the enemy and which may be susceptible for use in armed conflict.
149. In order to exercise the right of capture referred to in paragraphs 146 "a" and 147, the belligerent must have published contraband lists. The precise nature of a belligerent's contraband list may vary according to the particular circumstances of the armed conflict. Contraband lists shall be reasonably specific.
150. Goods not on the belligerent's contraband list are 'free goods', that is, not subject to capture. As a minimum, 'free goods' shall i



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