Abstract
Abstract The chapter deals with the legal status of the masters and crews of neutral merchant vessels in naval warfare, an issue that is not regulated in the 1949 Geneva Conventions II and III. The Geneva Conventions only apply to the masters and crews of enemy merchant vessels. Therefore, it is important first to identify the criteria determining the enemy or neutral character of merchant vessels. The fact that a vessel is flying a neutral flag does not provide sufficient evidence as to its true nature. The chapter identifies five criteria according to which neutral merchant vessels can be distinguished from enemy merchant vessels. Next, the circumstances rendering neutral merchant vessels liable to be attacked as lawful military objectives and the circumstances rendering them liable to be captured under prize law are summarized. In its final section, the chapter addresses the conditions under which the personnel of neutral merchant vessels are entitled to prisoner of war status or whether they may be held criminally liable for having directly participated in hostilities.
Published Version
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