Rule 67
Aircraft granted safe conduct are exempt from capture as prize, provided that they:
[Commentary]
(a) Are innocently employed in their normal role;
[Commentary]
(b) Immediately submit to interception and identification when required;
[Commentary]
(c) Do not intentionally hamper the movement of combatants and obey orders to divert from their track when required; and
[Commentary]
(d) Are not acting in breach of a prior agreement.
[Commentary]
- This Rule is based on Para. 142[370] and on Para. 143 of the SRM/ACS.[371]
- The status of aircraft granted safe conduct is different from that of enemy civilian airliners, which do not benefit from exemption from capture (see Rule 62). However, it is clear that aircraft granted safe conduct must abide by the terms of their mission. The four conditions listed in Rule 67 (a) − (d) are cumulative. As the term “provided that” indicates, it suffices that one of the conditions of Rule 67 (a) − (d) is breached for an aircraft granted safe conduct to be liable to capture as prize.
- Rule 67 applies also in non-international armed conflict.
- Para. 142 of SRM/ACS: “The following aircraft are exempt from capture: (a) medical aircraft; and (b) aircraft granted safe conduct by agreement between the parties to the conflict.”
- Para. 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.”
Concerning the expression “innocently employed”, see Commentary on Rule 65 (a) (ii). The expression “normal role” means that the aircraft does not perform any activity which is inconsistent with its execution of the mission for which safe conduct was granted.
- A Belligerent Party has the right to ensure that the aircraft granted safe conduct is being used only for the purposes agreed upon. Therefore, an aircraft conducting a safe conduct mission is susceptible to being intercepted.
- As for interception in general (including procedures required for carrying it out, see Section U. Interception is usually conducted for purposes of later inspection on the ground (see Rule 134). As for identification, it can be conducted either in flight or on the ground during inspection. When interception is carried out, the aircraft granted safe conduct is required to cooperate with the intercepting aircraft.
- The adverb “intentionally” indicates that aircraft granted safe conduct will not lose their specific protection in case that the activity happened accidentally (see Commentary on Rule 65a (a) (ii)).
- “Orders to divert from their track” may be issued when the flight of the aircraft granted safe conduct interferes with military operations or otherwise poses a security risk. Orders to divert may not be issued capriciously; they must have a military reason.
Prior agreement means primarily the agreement under which the safe conduct is provided. However, there may be a supplementary agreement. For instance, the Belligerent Parties may conclude first a general agreement and then an ad hoc agreement relating to the specific flight.
Categories: J: Aircraft Granted Safe Conduct
