Treaties, States Parties and Commentaries
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Part II: Rules of Air Warfare#Chapter VII: Search, capture and confiscation. - Art. 57.
Art. 57. A private aircraft which after being searched turns out to be an enemy aircraft,may be destroyed if the belligerent commander deems it necessary, provided that all persons on board are previously placed in safety and all the papers of the aircraft are put in a safe place.

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