Rule 142
The capture of neutral civilian aircraft and of goods on board can be exercised only in the cases provided for in Rules 140 and 141 and is subject to prize adjudication.
[Commentary]
- Any interference with neutral civilian aircraft and goods on board can only take place outside neutral territory.
- The capture as prize of neutral civilian aircraft can only take place in accordance with Rule 140.
- The capture as prize of goods on board neutral civilian aircraft can only take place in accordance with Rule 141.
- In all cases, the validity of capture as prize must be adjudicated by a prize court.
- It follows from Rule 142 that, if no prize court exists, there is no way for a Belligerent Party to enforce its entitlements under Rule 140 and Rule 141. Hence, if it wishes to condemn neutral civilian aircraft and goods on board, it has no choice but to set up such courts.
Categories: U: Neutral Civilian Aircraft
