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Appendix VIII.
OPERATIVE ARTICLES OF THE CONVENTION RELATIVE TO THE STATUS OF ENEMY MERCHANT-SHIPS AT THE OUTBREAK OF HOSTILITIES, SIGNED AT THE HAGUE, OCTOBER 18, 1907.
ARTICLE 1.
When a merchant-ship belonging to one of the belligerent Powers is at the commencement of hostilities in an enemy port, it is desirable that she should be allowed to depart freely, either immediately or after a reasonable number of days of grace, and to proceed, after being furnished with a pass, direct to her port of destination or any other port indicated to it.
The same principle applies in the case of a ship which has left her last port of departure before the commencement of the war and has entered a port belonging to the enemy while still ignorant that hostilities had broken out.
ARTICLE 2.
A merchant-ship which, owing to circumstances beyond its control, may have been unable to leave the enemy port within the period contemplated in the preceding article, or which was not allowed to leave, may not be confiscated.
The belligerent may merely detain her, on condition of restoring her after the war, without payment of compensation, or he may requisition her, on condition of paying compensation.
ARTICLE 3.
Enemy merchant-ships which left their last port of departure before the com- mencement of the war, and are encountered at sea while still ignorant of the outbreak of hostilities, may not be confiscated. They are merely liable to be detained on condition that they are restored after the war without payment of compensation; or to be requisitioned, or even destroyed, on payment of compensation, but in such case provision must be made for the safety of the persons on board as well as the preserva- tion of the ship's papers.
After touching at a port in their own country or at a neutral port, such ships are subject to the laws and customs of naval war.
ARTICLE 4.
Enemy cargo on board the vessels referred to in articles 1 and 2 is likewise liable to be detained and restored after the war without payment of compensation, or to be requisitioned on payment of compensation, with or without the ship.
The same principle applies in the case of cargo on board the vessels referred to in
article 3.
ARTICLE 5.
The present convention does not refer to merchant-ships which show by their build that they are intended for conversion into war-ships.
PRINTED AT THE FOREIGN OFFICE BY J. W. HARRISON.—20/3/1911.
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