Rule 143
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.
[Commentary]
- This Rule is based on Para. 158 of the SRM/ACS.[727]
- Rule 143 obliges Belligerent Parties to take all necessary measures to provide for the safety of all persons on board captured civilian aircraft. As long as they are under the control of the captor Belligerent Party, such persons must be provided for with all the means necessary to guarantee their well-being.
- The obligation to safeguard all documents and papers relating to the aircraft is a necessary corollary to the need to submit all capture as prize to adjudication by a prize court.
- Para. 158 of the SRM/ACS: “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.”
Categories: U: Safeguards
