Treaties, States Parties and Commentaries
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Section V : On the rights and duties of the belligerent with regard to individuals - Art. 63.
Art. 63. Passengers who, without forming part of the crew, are on board an enemy ship, may not be detained as prisoners of war, unless they have been guilty of a hostile act.
All passengers included in the armed force of the enemy may be made prisoners of war, even if the vessel is not subject to seizure.

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