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Aviation History
1924
1924 - 0529.PDF
-:'-•• '' '-: - AUGUST 21, 1924 territory. Such zones shall in time of war enjoy immunity from bombardment. (2) The monuments round which a zone is to be established shall be notified to other powers in peace time through the diplomatic channel ; the notification shall also indicate the limits of the zones. The notification may not be withdrawn in time of war. (3) The zone of protection may include, in addition to the area actually occupied by the monument or group of monuments, an outer zone, not exceeding 500 metres in width, measured from the circumference of the said area. (4) Marks clearly visible from aircraft either by day or by night will be employed for the purpose of ensuring the identification by belligerent airmen of the limits of the zones. (5) The marks on the monu ments themselves will be those defined in article 25. The marks employed for indicating the surrounding zones will be fixed by each state adopting the provisions of this article, and will be notified to other Powers at the same time as the monuments and zones are notified. (6) Any abusive use of the marks indicating the zones referred to in paragraph 5 will be regarded as an act of perfidy. . (7) A State adopting the provisions of this article must abstain from using the monument and the surrounding zone for military purposes, or for the benefit in any way whatever of its military organisation, or from committing within such monument or zone any act with a military purpose in view. (8) An inspec tion committee consisting of three neutral representatives accredited to the State adopting the provisions of this article, or their delegates, shall be appointed for the purpose of ensuring that no violation is committed of the provisions of paragraph 7. One of the members of the committee of inspection shall be the representative (or his delegate) of the State to which has been entrusted the interests of the opposing belligerent. 27. Any person on board a belligerent or neutral aircraft i s to be deemed a spy only if acting clandestinely or on false pretences he obtains or seeks to obtain, while in the air, information within belligerent jurisdiction or in the zone of operations of a belligerent with the intention of communicating it to the hostile party. 28. Acts of espionage committed after leaving the aircraft by members of the crew of an aircraft or by passengers transported by it are subject to the provisions of the Land Warfare Regulations. 29. Punishment of the acts of espionage referred to in articles 27 and 28 is subject to articles 30 and 31 of the Land Warfare Regulations. 30. In case a belligerent commanding officer considers that the presence of aircraft is likelv to prejudice the success of the operations in which he is engaged at the moment, he may prohibit the passing of neutral aircraft in the immediate vicinity of his forces or may oblige them to follow a particular route. A neutral aircraft which does not conform to such directions, of which he has had notice issued by the belligerent commanding officer, may be fired upon. 31. In accordance with the principles of Article 53 of the Land Warfare Regulations, neutral private aircraft found upon entry in the enemy's jurisdiction by a belligerent occupying force may be requisitioned, subject to the payment of full compensation. 32. Enemy public aircraft, other than those-treated on the same footing as private aircraft, shall be subject to confisca tion without prize proceedings. 33. Belligerent non-military aircraft, whether public or private, flying within the jurisdiction of their own State, are liable to be fired upon unless they make the nearest available landing on the approach of enemy military aircraft. 34. Belligerent non-military aircraft, whether public or private, are liable to be fired upon if they fly (1) within the jurisdiction of the enemy, or (2) in the immediate vicinity thereof and outside the jurisdiction of their own State, or (3) in the immediate vicinity of the military operations of the enemy by land or sea. 35. Neutral aircraft flying within the jurisdiction of a belligerent, and warned of the approach of military aircraft of the opposing belligerent, must make the nearest available landing. Failure to do so exposes them to the risk of being fired upon. 36. When an enemy military aircraft falls into the hands of a belligerent, the members of the crew and the passengers, if any, may be made prisoners of war. The same rule applies to the members of the crew and the passengers, if any, of an enemy public non-military aircraft, except that in the case of public non-military aircraft devoted exclusively to the transport of passengers the passengers will be entitled to be released unless they are in the service of the enemy, or are enemy nationals fit for military service. - If an enemy private aircraft falls into the hand of a belligerent, members of the crew who are enemv nationals or who are neutral nationals in the service of the enemy may be made prisoners of war. Neutral members of the crew who are not in the service of the enemy are entitled to be released if they sign a written undertaking not to serve in any enemy aircraft while hostilities last. Passengers are entitled to be released unless they are in the service of the enemy or are enemy nationals fit for military service, in which cases they may be made prisoners of war. Release may in any case be delayed if the military interests of the belligerent so require. The belligerent may hold as prisoners of war any member of the crew or any passenger whose service in a flight at the close of which he has been captured has been of special and active assistance to the enemy. The names of individuals released after giving a written undertaking will be notified to the opposing belligerent, who must not knowingly employ them in violation of their undertaking. 37. Members of the crew of a neutral aircraft which has been detained by a belligerent shall be released unconditionally if they are neutral nationals and not in the service of the enemy. If they are enemy nationals or in the service of the enemy, they may be made prisoners of war. Passengers are entitled to be released unless they are in the service of the enemy or are enemy nationals fit for military service, in which cases they may be made prisoners of war. Release may in any case be delayed if the military interests of the belligerent so require. The belligerent may hold as prisoners of war any member of the crew or any passenger whose service in a flight at the close of which he has been captured has been of special and active assistance to the enemy. 38. Where under the provisions of Articles 36 and 37 it is provided that members of the crew or passengers may be made prisoners of war, it is to be understood that, if they are not members of the armed forces, they shall be entitled to treatment not less favourable than that accorded to prisoners of war. 39. Belligerent aircraft are bound to respect the rights of neutral Powers, and to abstain within the jurisdiction of a neutral State from the commission of any act which it is the duty of that State to prevent. 40. Belligerent military aircraft are forbidden to enter the jurisdiction of a neutral State. 41. Aircraft on board vessels of war, including aircraft- carriers, shall be regarded as part of such vessels. 42. A neutral Government must use the means at its disposal to prevent the entry within its jurisdiction of belligerent military aircraft and to compel them to alight if they have entered such jurisdiction. A neutral Government shall use the means at its disposal to intern any belligerent military aircraft which is within its jurisdiction after having alighted for any reason whatsoever, together with its crew and the passengers, if any. 43. The personnel of a disabled belhgerent military aircraft rescued outside neutral waters and brought into the juris diction of a neutral State by a neutral military aircraft and there landed shall be interned. 44. The supply in any manner, directly or indirectly, by a neutral Government to a belligerent Power of aircraft, parts of aircraft, or material, supplies or munitions required for aircraft is forbidden. 45. Subject to the provisions of Article 46, a neutral Power is not bound to prevent the export or transit on behalf of a belligerent of aircraft, parts of aircraft, or material, supplies or munitions for aircraft. 46. A neutral Government is bound to use the means at its disposal:—(1) to prevent the departure from its jurisdiction of an aircraft in a condition to make a hostile attack apainst a belligerent Power, or carrying or accompanied by appliances or materials the mounting or utilisation of which would enable it to make a hostile attack, if there is reason to believe that such aircraft is destined for use against a belligerent Power. (2) To prevent the departure of an aircraft the crew of which includes any member of the combatant forces of a belligerent Power. (3) To prevent work upon an aircraft designed to prepare it to depart in contravention of the purposes of this article. On the departure by air of any aircraft despatched by persons or companies in neutral jurisdiction to the order of a belligerent Power, the neutral Government must prescribe for such aircraft a route avoiding the neighbourhood of the military operations of the opposing belligerent, and must exact whatever guarantees may be re quired to ensure that the aircraft follows the route prescribed. 47. A neutral State is bound to take such steps as the means at its disposal permit to present within its jurisdiction aerial observation of the movements, operations or defences of one belligerent, with the intention of informing the other belligerent. This provision applies equally to a belligerent militarv aircraft on board a vessel of war. 529
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