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296
CONTRABAND OF WAR.
P. vii., Ch. xii.
the captor is entitled to take her to a port of his own country for
enquiry, and, if it be established before a prize court that she carries
such goods, they are condemned. Generally speaking, according to
the prize law of most countries, the ship is not liable to condemnation
unless she and the contraband goods belong to the same owner, or
unless there has been some fraud or misconduct on the part of the
shipowner or his captain in relation to the carriage of the goods. English
authorities on Naval Prize law have expressed the opinion that the
ship may be condemned whenever its owner is privy to the carriage
of the contraband goods.
The Declaration of London of 1909 also adopted the doctrine of
conditional contraband, and during the European War of 1914/15
the European Powers have made different proclamations as to
contraband of war, in which the provision of this Declaration was adopted
with certain modifications. None the less, the doctrine of contraband
of war has not gained more precise form through the present war,
as some States have added to the list of articles which they consider
as contraband, a series of articles which were never before considered
as such. For instance, Germany has declared wood to be contraband
of war. Generally speaking, the present European War has made the
position of contraband of war more difficult. Great Britain, availing
herself of her paramount sea power, has declared enemy countries
to be in a state of blockade and has applied the doctrine of
continuous voyage to absolute as well as to conditional contraband.
On the other hand, Germany, Austria-Hungary and Turkey have
endeavoured to sink any ship sailing under the flag of the Entente
Powers.
CHAPTER XIII.—Prizes and Prize Courts.
The regulations to be observed by Russian Consular Officers in
time of war as to prizes and prize courts have been formulated by
Imperial Decree, signed by His Majesty on the 27th March 1895.
According to this decree (Art. 6) in time of naval warfare merchant
vessels [i.e., all vessels that do not belong to the navy) may be stopped
and examined, in order to make certain of their nationality and strict
neutrality.
All vessels belonging to the enemy, whether they be ships of war
or merchant vessels, and all articles found on board of such vessels,
with the exceptions enumerated below, are legitimate prizes of war,
and therefore liable to confiscation.
The exceptions are :—
(a) Articles intended for the personal use of members of the
crew or of passengers ;
§361.
§361.
Prizes and
Prize Courts.
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