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"РУКОВОДСТВО САН-РЕМО ПО МЕЖДУНАРОДНОМУ ПРАВУ, ПРИМЕНИМОМУ К ВООРУЖЕННЫМ КОНФЛИКТАМ НА МОРЕ" [рус., англ.] (Принято в г. Сан-Ремо 12.06.1994)





nclude the following:
a) religious objects;
b) articles intended exclusively for the treatment of the wounded and sick and for the prevention of disease;
c) clothing, bedding, essential foodstuffs, and means of shelter for the civilian population in general, and women and children in particular, provided there is not serious reason to believe that such goods will be diverted to other purpose, or that a definite military advantage would accrue to the enemy by their substitution for enemy goods that would thereby become available for military purposes;
d) items destined for prisoners of war, including individual parcels and collective relief shipments containing food, clothing, educational, cultural, and recreational articles;
e) goods otherwise specifically exempted from capture by international treaty or by special arrangement between belligerents; and
f) other goods not susceptible for use in armed conflict.
151. Subject to paragraph 152, a neutral vessel captured in accordance with paragraph 146 may, as an exceptional measure, be destroyed when military circumstances preclude taking or sending such a vessel for adjudication as an enemy prize, only if the following criteria are met beforehand:
a) the safety of passengers and crew is provided for; for this purpose the ship's boats are not regarded as a place of safety unless the safety of the passengers and crew is assured in the prevailing sea and weather conditions, by the proximity of land, or the presence of another vessel which is in a position to take them on board;
b) documents and papers relating to the captured vessel are safeguarded; and
c) if feasible, personal effects of the passengers and crew are saved.
Every effort should be made to avoid destruction of a captured neutral vessel. Therefore, such destruction shall not be ordered without there being entire satisfaction that the captured vessel can neither be sent into a belligerent port, nor diverted, nor properly released. A vessel may not be destroyed under this paragraph for carrying contraband unless the contraband, reckoned either by value, weight, volume or freight, forms more than half the cargo. Destruction shall be subject to adjudication.
152. The destruction of captured neutral passenger vessels carrying civilian passengers is prohibited at sea. For the safety of the passengers, such vessels shall be diverted to an appropriate port in order to complete capture provided for in paragraph 146.

Section VII

CAPTURE OF NEUTRAL CIVIL AIRCRAFT AND GOODS

153. Neutral civil aircraft are subject to capture outside neutral airspace if they are engaged in any of the activities in paragraph 70 or if it is determined as a result of visit and search or by any other means, that they:
a) are carrying contraband;
b) are on a flight especially undertaken with a view to the transport of individual passengers who are embodied in the armed forces of the enemy;
c) are operating directly under enemy control, orders, charter, employment or direction;
d) present irregular or fraudulent documents, lack necessary documents, or destroy, deface or conceal documents;
e) are violating regulations established by a belligerent within the immediate area of naval operations; or
f) are engaged in a breach of blockade.
154. Goods on board neutral civil aircraft are subject to capture only if they are contraband.
155. The rules regarding contraband as prescribed in paragraphs 148 - 150 shall also apply to goods on board neutral civil aircraft.
156. Capture is exercised by intercepting the neutral civil aircraft, ordering it to proceed to a belligerent airfield that is safe for the type of aircraft involved and reasonably accessible and, on landing and after visit and search,



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