Treaties, States Parties and Commentaries
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Part II: Rules of Air Warfare#Chapter VII: Search, capture and confiscation. - Art. 58.
Art. 58. A private aircraft which after having been searched turns out to be neutral aircraft liable to confiscation on account of being guilty of hostile assistance or of being without exterior marks or of having carried false marks, may be destroyed if it is impossible to conduct it to the prize court or if such conduction might imperil the safety of the belligerent aircraft or the success of the operations in which it is engaged. In all cases other than those mentioned above, a neutral private aircraft may not be destroyed except in the event of a military necessity of extreme urgency which does not permit the commander to release it or to send it to the prize court for judgment.

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