Treaties, States Parties and Commentaries
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Part II: Rules of Air Warfare#Chapter VII: Search, capture and confiscation. - Art. 59.
Art. 59. Before a private aircraft is destroyed, all persons on board must be placed in safety and all the papers of the aircraft must be put in a safe place.
The captor who destroys a neutral private aircraft must submit the validity of the capture to the prize court and must, first of all, prove that he was entitled to destroy the aircraft under Article 58. If he fails to do so, the parties interested in the aircraft or in its cargo are entitled to compensation. If the capture of an aircraft the destruction of which has been held justified, is declared invalid, an indemnity must be paid to the parties interested in place of the restitution to which they would have been entitled.

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