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
On the other hand, the effect of seizure of _public_ enemy vessels is
their immediate and final appropriation. They may be either taken into a
port or at once destroyed. All individuals on board become prisoners of
war, although, if perchance there should be on board a private enemy
individual of no importance, he would probably not be kept for long in
captivity, but liberated in due time.
As regards goods on captured public enemy vessels, there is no doubt
that the effect of seizure is the immediate appropriation of such goods
on the vessels concerned as are enemy property, and these goods may
therefore be destroyed at once, if desirable. Should, however, neutral
goods be on board a captured enemy public vessel, it is a moot point
whether or no they share the fate of the captured ship. According to
British practice they do, but according to American practice they do
not.[366]
[Footnote 366: See, on the one hand, the _Fanny_ (1814), 1 Dodson, 443,
and, on the other, the _Nereide_ (1815), 9 Cranch, 388. See also below,
§ 424, p. 542 note 2.]
[Sidenote: Immunity of Vessels charged with Religious, Scientific, or
Philanthropic Mission.]
§ 186. Enemy vessels engaged in scientific discovery and exploration
were, according to a general international usage in existence before the
Second Peace Conference of 1907, granted immunity from attack and
seizure in so far and so long as they themselves abstained from
hostilities. The usage grew up in the eighteenth century. In 1766, the
French explorer Bougainville, who started from St. Malo with the vessels
_La Boudeuse_ and _L'Étoile_ on a voyage round the world, was furnished
by the British Government with safe-conducts. In 1776, Captain Cook's
vessels _Resolution_ and _Discovery_, sailing from Plymouth for the
purpose of exploring the Pacific Ocean, were declared exempt from
attack and seizure on the part of French cruisers by the French
Government. Again, the French Count Lapérouse, who started on a voyage
of exploration in 1785 with the vessels _Astrolabe_ and _Boussole_, was
secured immunity from attack and seizure. During the nineteenth century
this usage became quite general, and had almost ripened into a custom;
examples are the Austrian cruiser _Novara_ (1859) and the Swedish
cruiser _Vega_ (1878). No immunity, however, was granted to vessels
charged with religious or philanthropic missions. A remarkable case
occurred during the Franco-German war. In June, 1871, the _Palme_, a
vessel belonging to the Missionary Society of Basle, was captured by a
French man-of-war, and condemned by the Prize Court of Bordeaux. The
owners appealed and the French Conseil d'État set the vessel free, not
because the capture was not justified but because equity demanded that
the fact that Swiss subjects owning sea-going vessels were obliged to
have them sailing under the flag of another State, should be taken into
consideration.[367]
[Footnote 367: See Rivier, II. pp. 343-344; Dupuis, No. 158; and Boeck,
No. 199.]
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