CONTRABAND OF WAR--continued notified in the manner provided for in the second paragraph of Article 23. ART. 27.-Articles which are not susceptible of use in war may not be declared contraband of war. ART. 28.-The following may not be declared contraband of war: (1) Raw cotton, wool, silk, jute, flax, hemp, and other raw materials of the textile industries, and yarns of the same. (2) Oil seeds and nuts; copra. (3) Rubber resins, gums, and lacs; hops. (4) Raw hides and horns, bones, and ivory. (5) Natural and artificial manures, including nitrates and phosphates for agricultural purposes. (6) Metallic ores. (7) Earths, clays, lime, chalk, stone, including marble, bricks, slates, and tiles. (8) Chinaware and glass. (9) Paper and paper-making materials. (10) Soap, paint, and colours, including articles exclusively used in their manufacture, and varnish. (11) Bleaching powder, soda ash, caustic soda, salt cake, (12) Agricultural, mining, textile, and printing machinery. (14) Clocks and watches, other than chronometers. (15) Fashion and fancy goods. (16) Feathers of all kinds, hairs, and bristles. (17) Articles of household furniture and decoration; office furniture and requisites. ART. 29. Likewise the following may not be treated as contraband of war: (1) Articles serving exclusively to aid the sick and wounded. They can, however, in case of urgent military necessity, and subject to the payment of compensation, be requisitioned, if their destination is that specified in Article 30. (2) Articles intended for the use of the vessel in which they are found, as well as those intended for the use of her crew and passengers during the voyage. ART. 30.-Absolute contraband is liable to capture if it is shown to be destined to territory belonging to or occupied by the enemy, or to the armed forces of the enemy. It is CONTRABAND OF WAR-continued immaterial whether the carriage of the goods is direct or entails transhipment or a subsequent transport by land. ART. 31.-Proof of the destination specified in Article 30 is complete in the following cases: (1) When the goods are documented for discharge in an enemy port, or for delivery to the armed forces of the enemy. (2) When the vessel is to call at enemy ports only, or when she is to touch at an enemy port or meet the armed forces of the enemy before reaching the neutral port for which the goods in question are documented. ART. 32.-Where a vessel is carrying absolute contraband, her papers are conclusive proof as to the voyage on which she is engaged, unless she is found clearly out of the course indicated by her papers and unable to give adequate reasons to justify such deviation. ART. 33.-Conditional contraband is liable to capture if it is shown to be destined for the use of the armed forces or of a government department of the enemy State, unless in this latter case the circumstances show that the goods cannot in fact be used for the purposes of the war in progress. This latter exception does not apply to a consignment coming under Article 24 (4). ART. 34.-The destination referred to in Article 33 is presumed to exist if the goods are consigned to enemy authorities, or to a contractor established in the enemy country who, as a matter of common knowledge, supplies articles of this kind to the enemy. A similar presumption arises if the goods are consigned to a fortified place belonging to the enemy, or other place serving as a base for the armed forces of the enemy. No such presumption, however, arises in the case of a merchant vessel bound for one of these places if it is sought to prove that she herself is contraband. In cases where the above presumptions do not arise, the destination is presumed to be innocent. The presumptions set up by this Article may be rebutted. The destination referred to in Article 33 may be inferred from any sufficient evidence, and (in addition to the presumption laid down in Article 34) shall be presumed to exist if the goods are consigned to or for an agent of the enemy State, or to or for a merchant or other person under the control of the authorities of the enemy State.1 ART. 35.-Conditional contraband is not liable to capture, except when found on board a vessel bound for territory be 'This is an addition made by the Order in Council. CONTRABAND OF WAR-continued longing to or occupied by the enemy, or for the armed forces of the enemy, and when it is not to be discharged in an intervening neutral port. The ship's papers are conclusive proof both as to the voyage on which the vessel is engaged and as to the port of discharge of the goods, unless she is found clearly out of the course indicated by her papers, and unable to give adequate reasons to justify such deviation. Notwithstanding the above provisions, conditional contraband, if shown to have the destination referred to in Article 33, is liable to capture to whatever port the vessel is bound and at whatever port the cargo is to be discharged.1 (See CONTINUOUS VOYAGE.) ART. 36.-Notwithstanding the provisions of Article 35, conditional contraband, if shown to have the destination referred to in Article 33, is liable to capture in cases where the enemy country has no seaboard. ART. 37.-A vessel carrying goods liable to capture as absolute or conditional contraband may be captured on the high seas or in the territorial waters of the belligerents throughout the whole of the voyage, even if she is to touch at a port of call before reaching the hostile destination. ART. 38.-A vessel may not be captured on the ground that she has carried contraband on a previous occasion if such carriage is in point of fact at an end. ART. 39.-Contraband goods are liable to condemnation. ART. 40.-A vessel carrying contraband may be condemned if the contraband, reckoned either by value, weight, volume, or freight, forms more than half the cargo. ART. 41.—If a vessel carrying contraband is released, she may be condemned to pay the costs and expenses incurred by the captor in respect of the proceedings in the national Prize Court and the custody of the ship and cargo during the proceedings. ART. 42.-Goods which belong to the owner of the contraband and are on board the same vessel are liable to condemnation. ART. 43.-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 or to the costs and expenses referred to in Article 41. 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. This is an addition made by the Order in Council. CONTRABAND OF WAR-continued A vessel is deemed to be aware of the existence of a state of war, or of a declaration of contraband, if she left a neutral port subsequently to the notification to the Power to which such port belongs of the outbreak of hostilities or of the declaration of contraband respectively, provided that such notification was made in sufficient time. A vessel is also deemed to be aware of the existence of a state of war if she left an enemy port after the outbreak of hostilities. ART. 44.-A vessel which has been stopped on the ground that she is carrying contraband, and which is not liable to condemnation on account of the proportion of contraband on board,1 may, when the circumstances permit, be allowed to continue her voyage if the master is willing to hand over the contraband to the belligerent warship. The delivery of the contraband must be entered by the captor on the logbook of the vessel stopped, and the master must give the captor duly certified copies of all relevant papers. The captor is at liberty to destroy the contraband that has been handed over to him under these conditions. A neutral vessel which succeeded in carrying contraband to the enemy with false papers may be detained for having carried such contraband if she is encountered before she has completed her return voyage.2 The above articles only concern the carriage of contraband by neutrals. Such carriage is, a fortiori, prohibited as regards British vessels, which are not only liable to capture and trial before the Prize Courts, but entail penalties for illicit trading with the enemy.3 CONTRACTS WITH ENEMY SUBJECTS.-The effect of war on private contracts with enemy subjects differs according to the different cases. Thus a contract entered into during the war is a trading with the enemy (q.v.), and being pro1 See Art. 40, supra. This is an addition made by the Order in Council. • See Proclamation on the subject, p. 217. See also TRADING WITH THE ENEMY; CONVERSION OF MERCHANT SHIPS INTO VESSELS OF WAR; MERCHANT VESSELS AS CRUISERS; ARMED MERCHANT VESSELS; Hague Convention, 1907, No. VII., p. 165. CONTRACTS WITH ENEMY SUBJECTS-continued hibited, is null and void, unless entered into under licence. Nor can an enemy subject during war appear as a party in a law-suit in a British Court.1 The operation of agreements entered into before the war is only suspended during its continuance. This does not apply to an insurance agreement under which an enemy subject is insured against capture by a British ship. There are a number of useful short treatises on this subject which those who have difficulty in ascertaining the rights and liabilities involved can consult for more ample details and authorities-viz.: N. Bentwich, “Private Property in War," London, 1907; C. Phillipson, "Effect of War on Contract," London, 1909; A. Latifi, "Effect of War on Property," London, 1909; E. J. Schuster, "Effect of War on Commercial Transactions," London, 1914; Arthur Page, "War and Alien Enemies," London, 1914. Art. 23 (h) of The Hague Regulations forbids belligerents to declare extinguished, suspended, or unenforceable claims and actions of enemy subjects. See a careful and judicious examination of the meaning of this clause in Higgins, 'Hague Peace Conferences," p. 263 et seq. Cambridge, 1909. See also Oppenheim, International Law," 2nd ed., vol. ii., p. 133 et seq. London, 1912. See TRADING WITH THE ENEMY. CONVOY.-When neutral merchant ships are accompanied or convoyed by a warship of their nationality, they are regarded by most European and American States as exempt from belligerent visit and search (q.v.), provided the commander of the warship certifies that there is no contraband among their cargo. Thus, under the Japanese Regulations governing captures at sea of 1904, a neutral vessel under convoy of a war vessel of her country shall not be visited nor searched See, however, PRIZE COURTS (Initial Procedure), p. 106. |