International Law. A Treatise. Volume 2 (of 2): War and Neutrality. Second EditionOppenheim, L. (Lassa)
History
International Law. A Treatise. Volume 2 (of 2): War and Neutrality. Second Edition
Oppenheim, L. (Lassa)
International law
Matters were brought to a climax in 1904, during the Russo-Japanese War,
through the cases of the _Peterburg_ and the _Smolensk_.[133] On July 4
and 6 of that year, these vessels, which belonged to the Russian
volunteer fleet in the Black Sea, were allowed to pass the Bosphorus and
the Dardanelles, which are closed[134] to men-of-war of all nations,
because they were flying the Russian commercial flag. They likewise
passed the Suez Canal under their commercial flag, but after leaving
Suez they converted themselves into men-of-war by hoisting the Russian
war flag, and began to exercise over neutral merchantmen all rights of
supervision which belligerents can claim for their cruisers in time of
war. On July 13 the _Peterburg_ captured the British P. & O. steamer
_Malacca_ for alleged carriage of contraband, and put a prize-crew on
board for the purpose of navigating her to Libau. But the British
Government protested; the _Malacca_ was released at Algiers on her way
to Libau on July 27, and Russia agreed that the _Peterburg_ and the
_Smolensk_ should no longer act as cruisers, and that all neutral
vessels captured by them should be released.
[Footnote 133: See the details of the career of these vessels in
Lawrence, _War_, pp. 205 _seq._]
[Footnote 134: See above, vol. I. § 197.]
This case was the cause of the question of the conversion of merchantmen
into men-of-war being taken up by the Second Peace Conference in 1907,
which produced Convention VII. on the matter.[135] This Convention,
which is signed by all the States represented at the Conference except
the United States of America, China, San Domingo, Nicaragua, and
Uruguay--but Nicaragua acceded later--comprises twelve articles; its
more important stipulations are the following: No converted vessel can
have the status of a warship unless she is placed under the direct
authority, immediate control, and responsibility of the Power whose flag
she flies (article 1). Such a vessel must, therefore, bear the external
marks which distinguish the warships of her nationality (article 2); the
commander must be in the service of the State concerned, must be duly
commissioned, and his name must figure on the list of the officers of
the military fleet (article 3); and the crew must be subject to the
rules of military discipline (article 4). A converted vessel must
observe the laws and usages of war (article 5) and her conversion must
as soon as possible be announced by the belligerent concerned in the
list of the ships of his military fleet (article 6).
[Footnote 135: See Wilson in _A.J._ II. (1908), pp. 271-275; Lémonon,
pp. 607-622; Higgins, pp. 312-321; Dupuis, Nos. 48-58; Nippold, II. pp.
73-84; Scott, _Conferences_, pp. 568-576; Higgins, _War and the Private
Citizen_ (1912), pp. 115-168.]
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