International Law. A Treatise. Volume 2 (of 2): War and Neutrality. Second EditionOppenheim, L. (Lassa)
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International Law. A Treatise. Volume 2 (of 2): War and Neutrality. Second Edition
Oppenheim, L. (Lassa)
International law
§ 195. Although prizes have as a rule to be brought before a Prize
Court, International Law nevertheless does not forbid the ransoming of
the captured vessel either directly after the capture or after she has
been conducted to the port of a Prize Court, but before the Court has
given its verdict. However, the practice of accepting and paying ransom,
which grew up in the seventeenth century, is in many countries now
prohibited by Municipal Law. Thus, for instance, Great Britain by
section 45 of the Naval Prize Act, 1864, prohibits ransoming except in
such cases as may be specially provided for by an Order of the King in
Council.[394] Where ransom is accepted, a contract of ransom is entered
into by the captor and the master of the captured vessel; the latter
gives a so-called ransom bill to the former, in which he promises the
amount of the ransom. He is given a copy of the ransom bill for the
purpose of a safe-conduct to protect his vessel from again being
captured, under the condition that he keeps the course to such port as
is agreed upon in the ransom bill. To secure the payment of ransom, an
officer of the captured vessel can be detained as hostage, otherwise the
whole of the crew is to be liberated with the vessel, ransom being an
equivalent for both the restoration of the prize and the release of her
crew from captivity. So long as the ransom bill is not paid, the hostage
can be kept in captivity. But it is exclusively a matter for the
Municipal Law of the State concerned to determine whether or no the
captor can sue upon the ransom bill, if the ransom is not voluntarily
paid.[395] Should the capturing vessel, with the hostage or the ransom
bill on board, be captured herself and thus become a prize of the enemy,
the hostage is liberated, the ransom bill loses its effect, and need not
be paid.[396]
[Footnote 394: Article 40 of the Naval Prize Bill of 1911 runs as
follows:--
(1) His Majesty in Council may, in relation to any war, make such
orders as may seem expedient according to circumstances for
prohibiting or allowing, wholly or in certain cases or subject to
any conditions or regulations or otherwise as may from time to
time seem meet, the ransoming or the entering into any contract or
agreement for the ransoming of any ship or goods belonging to any
of His Majesty's subjects, and taken as prize by any of His
Majesty's enemies.
(2) Any contract or agreement entered into, and any bill, bond, or
other security given for ransom of any ship or goods, shall be
under the exclusive jurisdiction of the High Court as a Prize
Court (subject to appeal to the Supreme Prize Court) and if
entered into or given in contravention to any such Order in
Council shall be deemed to have been entered into or given for an
illegal consideration.
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