CAB38-17 — Page 115

Page 115

Page 115

Page 115

30

APPENDIX VII.

Contraband in Neutral Vessels at Sea.

41. Contraband found on board neutral vessels on the high seas is liable to condemnation except in the case already referred to, and covered by article 43 of the Declaration of London, which provides that-

"If a vessel is encountered at sea while unaware of the outbreak of hostilities or of the declaration of contraband which applies to her cargo, the contraband cannot be condemned except on payment of compensation; the vessel herself and the remainder of the cargo are not liable to condemnation

The same rule applies if the master, after becoming aware of the outbreak of hostilities, or of the declaration of contraband, has had no opportunity of discharging the contraband.”

Handing over of Contraband at Sea.

42. An exceptional method of dealing with contraband found on neutral vessels at sea is provided under article 44 of the Declaration of London, which allows such contraband, if not exceeding certain proporticus, to be handed over, when circum- stances permit, to the captor with due observance of certain formalities, after which the neutral vessel may be left to continue her voyage instead of being brought before the prize court. Contraband so handed over nay, if necessary, be destroyed by the captor.

Contraband Ships.

43. The rules respecting the treatment of contraband goods on board neutral vessels apply also generally to ships under a neutral flag which are themselves contraband.

!

IX.-IMMUNITY OF MAILS.

44. It is important to remember that, under article 1 of the Hague “Convention relative to certain Restrictions on the Exercise of the Right of Capture in Naval War ".

"

The postal correspondence of neutrals or belligerents, whatever its official or private character, found on board a neutral or enemy ship on the high seas, is inviolable. If the ship is detained, the correspondence is forwarded by the captor with the least possible delay.

A

The provisions of the preceding paragraph do not, in case of violation of blockade, apply to correspondence proceeding to or from a blockaded port."

X,-Declaration of War.

64

45. The consideration of the treatment to be accorded to foreign shipping on the outbreak of war would be incomplete without specific reference to an important matter in respect to which the law of nations has recently received an important development, and acquired a more rigorous precision. Under the Hague Con- vention relative to the Opening of Hostilities," of 1907, it has been agreed that as between the contracting parties, no hostilities are to be commenced until after a formal declaration of war, and that neutral Powers shall not be affected by the state of war until it has been duly notified to them.

46. The full text of the operative clauses of the convention is as follows :-

8

**

44 'Article 1.

The Contracting Powers recognize that hostilities between them must not com

mence without a previous and explicit warning, in the form of either a declaration of war, giving reasons, or an ultimatum with a conditional declaration of war.

Page 115

Page 115Page 116