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

, a military objective; and
d) the collateral casualties or damage will not be disproportionate to the military advantage gained or expected.

Classes of aircraft exempt from attack

53. The following classes of enemy aircraft are exempt from attack:
a) medical aircraft;
b) aircraft granted safe conduct by agreement between the parties to the conflicts; and
c) civil airliners.

Conditions of exemption for medical aircraft

54. Medical aircraft are exempt from attack only if they:
a) have been recognized as such;
b) are acting in compliance with an agreement as specified in paragraph 177;
c) fly in areas under the control of own or friendly forces; or
d) fly outside the area of armed conflict.
In other instances, medical aircraft operate at their own risk.

Conditions of exemption for aircraft granted safe conduct

55. Aircraft granted safe conduct are exempt from attack only if they:
a) are innocently employed in their agreed role;
b) do not intentionally hamper the movements of combatants; and
c) comply with the details of the agreement, including availability for inspection.

Conditions of exemption for civil airliners

56. Civil airliners are exempt from attack only if they:
a) are innocently employed in their normal role; and
b) do not intentionally hamper the movements of combatants.

Loss of exemption

57. If aircraft exempt from attack breach any of the applicable conditions of their exemption as set forth in paragraphs 54 - 56, they may be attacked only if:
a) diversion for landing, visit and search, and possible capture, is not feasible;
b) no other method is available for exercising military control;
c) the circumstances of non-compliance are sufficiently grave that the aircraft has become, or may be reasonably assumed to be, a military objective; and
d) the collateral casualties or damage will not be disproportionate to the military advantage gained or anticipated.
58. In case of doubt whether a vessel or aircraft exempt from attack is being used to make an effective contribution to military action, it shall be presumed not to be so used.

Section IV

OTHER ENEMY VESSELS AND AIRCRAFT

Enemy merchant vessels

59. Enemy merchant vessels may only be attacked if they meet the definition of a military objective in paragraph 40.
60. The following activities may render enemy merchant vessels military objectives:
a) engaging in belligerent acts on behalf of the enemy, e.g., laying mines, minesweeping, cutting undersea cables and pipelines, engaging in visit and search of neutral merchant vessels or attacking other merchant vessels;
b) acting as an auxiliary to an enemy s armed forces, e.g., carrying troops or replenishing warships;
c) being incorporated into or assisting the enemy s intelligence gathering system, e.g., engaging in reconnaissance, early warning, surveillance, or command, control and communications missions;
d) sailing under convoy of enemy warships or military aircraft;
e) refusing an order to stop or actively resisting visit, search or capture;
f) being armed to an extent that they could inflict damage to a warship; this excludes light individual weapons for the defence of personnel, e.g., against pirates, and purely deflective systems such as chaff; or
g) otherwise making an effective contribution to military action, e.g., carrying military materials.
61. Any attacks on these vessels is subject to the basic rules set out in paragraphs 38 - 46.




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