The fact that a civilian aircraft bears the marks of a Neutral is prima facie evidence of its neutral character.
- While the fact that a civilian aircraft bears the marks of an enemy State is conclusive evidence of its enemy character (see Rule 144), bearing the marks of a Neutral does not provide such conclusive evidence. Therefore, Rule 175 merely contains a presumption of the neutral character of civilian aircraft bearing neutral marks.
- As laid down in the second sentence of Rule 144, enemy character of a civilian aircraft can also be determined by registration, ownership, charter or other appropriate criteria. According to Rule 145, civilian aircraft bearing no marks are presumed to have enemy character for the purposes of capture and prize. If there merely are grounds for suspicion that a civilian aircraft has enemy character, Rule 146 applies.
Categories: X: Specifics of Air or Missile Operations