An attempt was made at the Second Hague Conference to come to an
agreement on the chief points of difference. The British delegates were
instructed even to abandon the principle of contraband of war
altogether, subject only to the exclusion by blockade of neutral trade
from enemy ports. In the alternative they were to do their utmost to
restrict the definition of contraband within the narrowest possible
limits, and to obtain exemption of food-stuffs destined for places other
than beleaguered fortresses and of raw materials required for peaceful
industry. Though the discussions at the conference did not result in any
convention, except on the subject of mails, it was agreed among the
leading maritime states that an early attempt should be made to codify
the law of naval war generally, in connexion with the establishment of
an international prize court (see Prize).
Mails.
Meanwhile, on the subject of mails, important articles were adopted
which figure in the "Convention on restrictions in the right of capture"
(No. 11 of the series as set out in the General Act, see Peace
Conference). They are as follows:--
ART. I.--The postal correspondence of neutrals or belligerents,
whatever its official or private character may be, found on the high
seas on board a neutral or enemy ship is inviolable. If the ship is
detained, the correspondence is forwarded by the captor with the
least possible delay.
The provisions of the preceding paragraph do not apply, in case of
violation of blockade, to correspondence destined for, or proceeding
from, a blockaded port.
ART. II.--The inviolability of postal correspondence does not exempt
a neutral mail ship from the laws and customs of maritime war as to
neutral merchant ships in general. The ship, however, may not be
searched except when absolutely necessary, and then only with as much
consideration and expedition as possible.
Foodstuffs and pre-emption.
As regards food-stuffs Great Britain has long and consistently held that
provisions and liquors fit for the consumption of the enemy's naval or
military forces are contraband. Her Prize Act, however, provides a
palliative, in the case of "naval or victualling stores," for the
penalty attaching to absolute contraband, the lords of the admiralty
being entitled to exercise a right of pre-emption over such stores, i.e.
to purchase them without condemnation in a prize court. In practice,
purchases are made at the market value of the goods, with an additional
10% for loss of profit.
Public-domain text, read in full here on John Shaqi.
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