Page images

Article 10 The neutrality of a Power is not affected by the mere passage through its territorial waters of war-ships or prizes belonging to belligerents.

Article 11 A neutral Power may allow belligerent war-ships to employ its licenced pilots.

Article 12 In default of special provisions to the contrary in the legislation of a neutral Power, belligerent war-ships are not permitted to remain in the ports, roadsteads, or territorial waters of the said Power for more than twenty-four hours, except in the cases covered by the present Convention.

Article 13 If a Power which has received notice of the outbreak of hostilities learns that a belligerent war-ship is in one of its ports or roadsteads, or in its territorial waters, it must notify the said ship to depart within twenty-four hours or within the time prescribed by the local law.

Article 14 A belligerent war-ship may not prolong its stay in a neutral port beyond the time permitted except on account of damage or stress of weather. It must depart as soon as the cause of the delay is at an end.

The regulations as to the length of time which such vessels may remain in neutral ports, roadsteads, or waters, do not apply to war-ships devoted exclusively to religious, scientific, or philanthropic purposes.

Article 15 In default of special provisions to the contrary in the legislation of a neutral Power, the maximum number of war-ships belonging to a belligerent which may be in one of the ports or roadsteads of that Power simultaneously shall be three.

Article 16 When war-ships belonging to both belligerents are present simultaneously in a neutral port or roadstead, a period of not less than twenty-four hours must elapse between the departure of the ship belonging to one belligerent and the departure of the ship belonging to the other.

The order of departure is determined by the order of arrival, unless the ship which arrived first is so circumstanced that an extension of its stay is permissible.

A belligerent war-ship may not leave a neutral port or roadstead until twenty-four hours after the departure of a merchant-ship flying the flag of its adversary.

Article 17 In neutral ports and roadsteads belligerent war-ships may only carry out such repairs as are absolutely necessary to render them seaworthy, and may not add in any manner whatever to their fighting force. The local authorities of the neutral Power shall decide what repairs are necessary, and these must be carried out with the least possible dealy.

Article 18 Belligerent war-ships may not make use of neutral ports, roadsteads, or territorial waters for replenishing or increasing their supplies of war material or their armament, or for completing their crews.

Article 19 Belligerent war-ships may only revictual in neutral ports or roadsteads to bring up their supplies to the peace standard.

Similarly these vessels may only ship sufficient fuel to enable them to reach the nearest port in their own country. They may, on the other hand, fill up their bunkers built to carry fuel, when in neutral countries which have adopted this method of determining the amount of fuel supplied.

If, in accordance with the law of the neutral Power, the ships are not supplied with coal within twenty-four hours of their arrival, the duration of their permitted stay is extended by twenty-four hours.

Article 20 Belligerent war-ships which have shipped fuel in a port belonging to a neutral Power may not within the succeeding three months replenish their supply in a port of the same Power.

Article 21 A prize may only be brought into a neutral port on account of unseaworthiness, stress of weather, or want of fuel or provisions.

It must leave as soon as the circumstances which justified its entry are at an end. If it does not, the neutral Power must order it to leave at once; should it fail to obey, the neutral Power must employ the means at its disposal to release it with its officers and crew and to intern the prize crew.

Article 22 A neutral Power must, similarly, release a prize brought into one of its ports under circumstances other than those referred to in Article 21.

Article 23 A neutral Power may allow prizes to enter its ports and roadstead, whether under convoy or not, when they are brought there to be sequestrated pending the decision of a Prize Court. It may have the prize taken to another of its ports.

If the prize is convoyed by a war-ship, the prize crew may go on board the convoying ship.

If the prize is not under convoy, the prize crew are left at liberty.

Article 24 If, notwithstanding the notification of the neutral Power, & belligerent ship of war does not leave a port where it is not entitled to remain, the neutral Power is entitled to take such measures as it considers necessary to render the ship incapable of putting to sea so long as the war lasts, and the commanding officer of the ship must facilitate the execution of such measures.

When a belligerent ship is detained by a neutral Power, the officers and crew are likewise detained.

The officers and crew so detained may be left in the ship or kept either on another vessel or on land, and may be subjected to such restrictions as it may appear necessary to impose upon them. A sufficient number of men must, however, be always left on board for looking after the vessel.

The officers may be left at liberty on giving their word not to quit the neutral territory without permission.

Article 25 A neutral Power is bound to exercise such vigilance as the means at its disposal permit to prevent any violation of the provisions of the above Articles occurring in its ports or roadsteads or in its waters.

Article 26 The exercise by a neutral Power of the rights laid down in the present Convention can under no circumstances be considered as an unfriendly act by one or other belligerent who has accepted the Articles relating thereto.

Article 27 The Contracting Powers shall communicate to each other in due course all statutes, orders, and other enactments defining in their respective countries the situation of belligerent warships in their ports and waters, by means of a communication addressed to the Government of the Netherlands, and forwarded immediately by that Government to the other Contracting Powers.

Article 28 The provisions of the present Convention do not apply except to the Contracting Powers, and then only if all the belligerents are parties to the Convention.

NOTE. — The usual provisions as to ratification, accession, denunciation and registration appear in Articles 29-33, which are the same as Articles 4-8 in the Convention printed as No. 2 in Part III. (See page 179.)

7. Rules with regard to Submarine Cables in Time of War, voted by the Institute of International Law at

Brussels in 1902

(1) A submarine cable connecting two neutral territories is inviolable.

(2) A cable connecting the territories of two belligerents, or two parts of the territory of one of the belligerents, can be cut everywhere except in neutral territorial waters, and in neutralized waters.

(3) A cable connecting neutral territory with the territory of one of the belligerents cannot be cut in any case in neutral territorial waters or in neutralized waters.

On the high seas such a cable cannot be cut except within the limits of the line of an effective blockade and under the obligation to reëstablish the cable with as little delay as possible. Such a cable can always be cut on the enemy's territory, and in his territorial waters within a distance of three marine miles from the shore at low water.

(4) It is understood that the liberty of a neutral state to transmit messages does not imply the power to use it or permit its use so as to render assistance to a belligerent.

(5) In all that concerns the application of the preceding rules no difference is to be made between cables belonging to a state and cables belonging to private owners, or between cables that are enemy property and cables that are neutral property. (Annuaire, 1902, pp. 331, 332.)

8. The Rule of War of 1766

In the war which commenced in the year 1756, and was ended by the peace of 1763, France, being hard pressed by our maritime superiority, and unable with safety, either to send the requisite supplies to her West India Islands, or to bring their produce to the European Market under her own mercantile flag, resorted to the expedient of relaxing her colonial monopoly; and admitted neutral vessels, under certain restrictions, to carry

« PreviousContinue »