Rule 49
Enemy civilian aircraft are liable to capture as prize in accordance with Rule 134.
[Commentary]
- This Rule recognizes the well-established belligerent right to capture enemy civilian aircraft as prize. Enemy civilian aircraft are liable to capture as prize even if they are not engaged in activities rendering them a military objectives (see Rule 27). As to the capture of enemy civilian airliners as prize, see Rule 62.
- Capture as prize must be distinguished from capture under the definition of military objectives (see Rule 1 (y) and Rule 22).
- For capture as prize of enemy civilian airliners, see Rule 62.
- Rule 49 is not applicable in non-international armed conflict, since there is no concept of prize law in non-international armed conflict.
Categories: I: Enemy Civilian Aircraft
