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
It must be specially observed that boats engaged in deep-sea fisheries
and large boats engaged in local trade do not enjoy the privilege of
immunity from capture, and that the fishing vessels and small boats
employed in local trade lose that privilege in case they take any part
whatever in hostilities. And article 3 expressly stipulates that
belligerents must not take advantage of the harmless character of the
said boats in order to use them for military purposes while preserving
their peaceful appearance.
[Sidenote: Immunity of Merchantmen at the Outbreak of War on their
Voyage to and from a Belligerent's Port.]
§ 188. Several times at the outbreak of war during the nineteenth
century belligerents decreed that such enemy merchantmen as were on
their voyage to one of the former's ports at the outbreak of war, should
not be attacked and seized during the period of their voyage to and from
such port. Thus, at the outbreak of the Crimean War, Great Britain and
France decreed such immunity for Russian vessels, Germany did the same
with regard to French vessels in 1870,[373] Russia with regard to
Turkish vessels in 1877, the United States with regard to Spanish
vessels in 1898, Russia and Japan with regard to each other's vessels in
1904. But there is no rule of International Law which compels a
belligerent to grant such days of grace, and it is probable that in
future wars days of grace will not be granted. The reason is that the
steamboats of many countries are now built, according to an arrangement
with the Government of their home State, from special designs which make
them easily convertible into cruisers, and that a belligerent fleet
cannot nowadays remain effective for long without being accompanied by a
train of transport-vessels, colliers, repairing-vessels, and the
like.[374]
[Footnote 373: See, however, above, § 178, p. 222.]
[Footnote 374: This point is ably argued by Lawrence, _War_, pp 54-55.]
In case, however, merchantmen, other than those constructed on special
lines in order to make them easily convertible into cruisers, are, at
the outbreak of war, on their voyage to an enemy port and are ignorant
of the outbreak of hostilities, article 3 of Convention VI.[375] of the
Second Peace Conference must find application. They may not, therefore,
be confiscated, but may only be captured on condition that they shall
be restored after the conclusion of peace, or that indemnities shall be
paid for them if they have been requisitioned or destroyed.
[Footnote 375: See above, § 102_a_, Nos. 3 and 4.]
[Sidenote: Vessels in Distress.]
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