ord, protection under the rules of international law applicable in armed conflict, with intent to betray that confidence, constitute perfidy. Perfidious acts include the launching of an attack while feigning:
a) exempt, civilian, neutral or protected United Nations status;
b) surrender or distress by, e.g., sending a distress signal or by the crew taking to life rafts.
PART V. MEASURES SHORT OF ATTACK: INTERCEPTION,
VISIT, SEARCH, DIVERSION AND CAPTURE
Section I
DETERMINATION OF ENEMY CHARACTER OF VESSELS AND AIRCRAFT
112. The fact that a merchant vessel is flying the flag of an enemy State or that a civil aircraft bears the marks of an enemy State is conclusive evidence of its enemy character.
113. The fact that a merchant vessel is flying the flag of a neutral State or a civil aircraft bears the marks of a neutral State is prima facie evidence of its neutral character.
114. If the commander of a warship suspects that a merchant vessel flying a neutral flag in fact has enemy character, the commander is entitled to exercise the right of visit and search, including the right of diversion for search under paragraph 121.
115. If the commander of a military aircraft suspects that a civil aircraft with neutral marks in fact has enemy character, the commander is entitled to exercise the right of interception and, if circumstances require, the right to divert for the purpose of visit and search.
116. If, after visit and search, there is reasonable ground for suspicion that the merchant vessel flying a neutral flag or a civil aircraft with neutral marks has enemy character, the vessel or aircraft may be captured as prize subject to adjudication.
117. Enemy character can be determined by registration, ownership, charter or other criteria.
Section II
VISIT AND SEARCH OF MERCHANT VESSELS
Basic rules
118. In exercising their legal rights in an international armed conflict at sea, belligerent warships and military aircraft have a right to visit and search merchant vessels outside neutral waters where there are reasonable grounds for suspecting that they are subject to capture.
119. As an alternative to visit and search, a neutral merchant vessel may, with its consent, be diverted from its declared destination.
Merchant vessels under convoy of accompanying
neutral warships
120. A neutral merchant vessel is exempt from the exercise of the right of visit and search if it meets the following conditions:
a) it is bound for a neutral port;
b) it is under the convoy of an accompanying neutral warship of the same nationality or a neutral warship of a State with which the flag State of the merchant vessel has concluded an agreement providing for such convoy;
c) the flag State of the neutral warship warrants that the neutral merchant vessel is not carrying contraband or otherwise engaged in activities inconsistent with its neutral status; and
d) the commander of the neutral warship provides, if requested by the commander of an intercepting belligerent warship or military aircraft, all information as to the character of the merchant vessel and its cargo as could otherwise be obtained by visit and search.
Diversion for the purpose of visit and search
121. If visit and search at sea is impossible or unsafe, a belligerent warship or military aircraft may divert a merchant vessel to an appropriate area or port in order to exercise the right of visit and search.
Measures of supervision
122. In order to avoid the necessity of visit and search, belligerent States may establish reasonable measures for the inspection of cargo of neut
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