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Enemy civil aircraft
62. Enemy civil aircraft may only be attacked if they meet the definition of a military objective in paragraph 40.
63. The following activities may render enemy civil aircraft military objectives:
a) engaging in acts of war on behalf of the enemy, e.g., laying mines, minesweeping, laying or monitoring acoustic sensors, engaging in electronic warfare, intercepting or attacking other civil aircraft, or providing targeting information to enemy forces;
b) acting as an auxiliary aircraft to an enemy's armed forces, e.g., transporting troops or military cargo, or refuelling military aircraft;
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) flying under the protection of accompanying enemy warships or military aircraft;
e) refusing an order to identify itself, divert from its track, or proceed for visit and search to a belligerent airfield that is safe for the type of aircraft involved and reasonably accessible, or operating fire control equipment that could reasonably be construed to be part of an aircraft weapon system, or on being intercepted clearly manoeuvring to attack the intercepting belligerent military aircraft;
f) being armed with air-to-air or air-to-surface weapons; or
g) otherwise making an effective contribution to military action.
64. Any attack on these aircraft is subject to the basic rules set out in paragraphs 38 - 46.
Enemy warships and military aircraft
65. Unless they are exempt from attack under paragraphs 47 or 53, enemy warships and military aircraft and enemy auxiliary vessels and aircraft are military objectives within the meaning of paragraph 40.
66. They may be attacked, subject to the basic rules in paragraphs 38 - 46.
Section V
NEUTRAL MERCHANT VESSELS AND CIVIL AIRCRAFT
Neutral merchant vessels
67. Merchant vessels flying the flag of neutral States may not be attacked unless they:
a) are believed on reasonable grounds to be carrying contraband or breaching a blockade, and after prior warning they intentionally and clearly refuse to stop, or intentionally and clearly resist visit, search or capture;
b) engage in belligerent acts on behalf of the enemy;
c) act as auxiliaries to the enemys armed forces;
d) are incorporated into or assist the enemys intelligence system;
e) sail under convoy of enemy warships or military aircraft; or
f) otherwise make an effective contribution to the enemys military action, e.g., by carrying military materials, and it is not feasible for the attacking forces to first place passengers and crew in a place of safety. Unless circumstances do not permit, they are to be given a warning, so that they can re-route, off-load, or take other precautions.
68. Any attack on these vessels is subject to the basic rules in paragraphs 38 - 46.
69. The mere fact that a neutral merchant vessel is armed provides no grounds for attacking it.
Neutral civil aircraft
70. Civil aircraft bearing the marks of neutral States may not be attacked unless they:
a) are believed on reasonable grounds to be carrying contraband, and, after prior warning or interception, they intentionally and clearly refuse to divert from their destination, or intentionally and clearly refuse to proceed for visit and search to a belligerent airfield that is safe for the type of aircraft involved and reasonably accessible;
b) engage in belligerent acts on behalf of the enemy;
c) act as auxiliaries to the enemy's armed forces;
d) are incorporated int
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