Capture at sea; Contraband of war; Privateering; Prize law; Prizes (Property captured at sea)
These two principles, that prizes do not belong to the original
captor but should be divided, and that the state may appropriate
prizes seem to constitute the Greek theory on the subject. It is
unlikely that they were the subject of definite laws but recognition
was given to them if at all by command of the general on the occasion
of a particular war, as is indicated in the cases cited.
The basis for this theory, apparently far ahead of its time may be
found in the well developed feeling of political obligation among the
Greeks. They appear to have recognized public war as a state affair,
consequently individual soldiers acted only in the capacity of agents
of the state in regular military operations.[15] Their captures
accrued not to themselves but to the state for whom they acted.
Of the actual effect of such a prize law among the Greeks it is
difficult to make a statement. It might be supposed that the
incentive toward the capture of booty would be decreased by such a
rule yet so far as we can learn of Greek warfare there was no limit
to the atrocities committed either on persons or property.[16] The
Greek soldier felt justified in going to any extreme in acting for
his state.[17]
b. Maritime War.
Grotius has nothing to say of prize laws in maritime warfare.
Phillipson believes that the Greeks made prize of enemy vessels and
also of neutral vessels for breach of blockade. He gives evidence
which indicates that theoretically, confiscable goods went to the
state, and that rudimentary prize courts were held. Thus he says:
"In most Greek states there was something of the nature of a prize
court, to which appeals could be made by those who held they had been
contrary to the law of nations deprived of their property. In Athens,
the assembly of the people frequently took cognizance of such claims.
Thus two trierarchs were accused of appropriating the proceeds of
a cargo from Naucrates on the ground that if confiscable it ought to
have gone to the State. An assembly was therefore held and the people
voted for a hearing on the question."[18] But in general, law at sea
was very poorly enforced and neutral rights seldom respected. In fact
it seems likely that maritime war fell little short of piracy so far
as the capture of private property was concerned.[19] Thus Polycrates
of Samos wishing to establish his supremacy on the Aegean built up
a navy which swept the sea, robbing friend and foe alike,[20] and
so "at the commencement of the Peloponnesian war the Lacedaemonians
captured not only the trading vessels of their enemy the Athenians,
and also of their allies, but even those of neutral states and all
who were taken on board were treated as enemies and indiscriminately
slaughtered."[21]
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