blockaded. In case of an extension of the blockaded area or of a re-establishment of a blockade, the rules as to notification and declaration must be again followed in each instance as well as those of notification in case of a voluntary raising of a blockade or any restriction in its area. 189. Liability to Capture for Breach of Blockade.-"The liability of a neutral vessel to capture for breach of blockade is contingent," says Article 14 of the declaration of London, "on her knowledge, actual or presumptive, of the blockade." "Failing proof to the contrary," the next article goes on to say, "knowledge of the blockade is presumed if the vessel left a neutral port subsequent to the notification of the blockade to the power to which such port belongs, provided that such notification was made in sufficient time." If a vessel approaching a blockaded port has no knowledge, actual or presumptive, of the blockade, the notification must be made to the vessel itself by an officer of one of the ships of the blockading force. This notification should be entered in the vessel's log-book and must state the day and hour and the geographical position of the vessel at the time. "If through the negligence of the officer commanding the blockading force no declaration of blockade has been notified to the local authorities, or if in the declaration, as notified, no period has been mentioned within which neutral vessels may come out, a neutral vessel coming out of the blockaded port must be allowed to pass free."1 If the commander of the blockading forces has done all in his power to make the notification to the local authorities of the blockaded port but has failed, owing to the lack of good will and faith on the part of the local authorities, he cannot be forced to let vessels out. "Neutral vessels may not be captured for breach of blockade except within the area of operations of the war-ships detailed to render the blockade effective."2 1 Declaration of London, Art. 16, Appendix IV. In the general report accompanying the declaration of London the following statement as to the area of operations, made by Admiral le Bris, the naval delegate from France to the conference, met with general approbation. He said that: "When a government decides to undertake blockading operations against some part of the enemy coast, it details a certain number of war-ships to take part in the blockade and intrusts the command to an officer whose duty is to use them for the purpose of making the blockade effective. The commander of the naval force thus formed posts the ships at his disposal according to the line of the coast and the geographical position of the blockaded places and instructs each ship as to the part which she has to play and especially as to the zone which she is to watch. All the zones watched taken together, and so organized as to make the blockade effective, form the area of operations of the blockading force. "The area of operations so constituted is intimately connected with the effectiveness of the blockade and also with the number of ships employed on it. "Cases may occur in which a single ship will be enough to keep a blockade effective for instance, at the entrance of a port or at the mouth of a river with a small estuary-so long as the circumstances allow the blockading ship to stay near enough to the entrance. In that case the area of operations is itself near the coast. But, on the other hand, if circumstances force her to remain far off, one ship may not be enough to secure effectiveness, and to maintain 'this she will then have to be supported by others. From this cause the area of operations becomes wider and extends further from the coast. It may, therefore, vary with circumstances and with the number of blockading ships, but it will always be limited by the condition that effectiveness must be assured."1 1 By the American delegation it was declared that pursuit 550, Report accompanying declaration of London; see Appendix IV, p. was considered continuous and not abandoned in the meaning of Article 25 as they understood it, even though it should be given up by one line or in one zone of pursuit of the blockading force to be resumed later by a vessel of the next line until the final pursuit is abandoned. ages Whatever may be the final destination of a vessel or her cargo, she cannot be captured for a breach of blockade if, at the moment, she is on her way to a non-blockaded port. By the preceding paragraphs it could be seen if she were outside of the area of operations, even if bound to a blockaded port, she could not be captured. The doctrine of continuous voyand the right to capture cargo bound for a blockaded port is thus given up by this and the preceding paragraphs by the United States, while, on the other hand, "the view upheld by certain powers that no vessel can be seized for breach of blockade until after a special notification of the existence of the blockade has been entered on her papers by an officer of the blockading squadron, has been also abandoned as no longer in harmony with the conditions and requirements of modern warfare."1 A vessel which has violated blockade outward or which has attempted to break blockade inward is liable to capture so long as she is pursued by a ship of the blockading force. If the pursuit is abandoned, or if the blockade is raised, her capture can no longer be effected. If a pursued vessel takes refuge, however, in a neutral port, the pursuit is suspended but not abandoned, and it can be resumed upon her departure from that port.2 The final article (No. 21) of the chapter on blockade of the declaration states that "a vessel found guilty of breach of blockade is liable to condemnation. The cargo is also condemned unless it is proved that at the time of shipment of the goods the shipper neither knew nor could have known of the 1 Hall, 6th ed., p. 714. 2 Declaration of London, Art. 20, and accompanying report, Appendix IV. intention to break the blockade." The vessel is condemned in all cases. Doctor James Brown Scott, in reviewing this chapter on blockade of the declaration of London, says: "The provisions of the chapter dealing with blockade seem to be reasonable in their terms and effects, fair to belligerents and neutrals, supposing that enemy ports are to be blockaded and neutrals prevented from trading with them as in times of peace, and so clear and precise, except perhaps in the matter of the area of pursuit and capture of blockade-runners, as to make the rights and duties alike of belligerents and neutrals certain and known in advance of hostilities. No serious or insurmountable objection to their acceptance has been stated."1 TOPICS AND REFERENCES 1. Blockade-Its Extent and Effectiveness Scott's "Cases in International Law," 798, 817, 835, etc. Westlake, 2d ed., vol. II, 256-268. "Capture at Sea," by Earl Loreburn, 1913, chap. IV. 2. Declaration and Notification of Blockade Stockton, "Manual for Naval Officers," 236-8. Ferguson, "International Law," 1884, 491-2. Hall, 6th ed., chap. VIII. 3. Liability to Capture for Breach of Blockade Oppenheim, 2d ed., vol. II, 466-478. Moore's "Digest," vol. VII, 820-839. Wilson, chap. XXV. 1 Scott, "Declaration of London," A. J. I. L., vol. VIII, no. 2, p. 302. CHAPTER XXVI CONTRABAND OF WAR. CARRIAGE OF CONTRABAND 190. Definition and General Principles of Contraband.Contraband of war may be defined as articles which are capable of use as an assistance to the enemy in carrying on war either on shore or afloat. Contraband trade, or the carriage of contraband, is a trade with a belligerent with the intent to supply him with contraband of war. The prohibition of this trade with the attendant adjudging of the penalties is a belligerent right. This right can only be exercised upon the high seas and the territorial waters of the belligerents and in accordance with the rules and usages of international law. In a general way the classification made by Grotius has been followed to the present time. His division of articles of trade or commerce was as follows: "1st. Those articles that are useful solely for war purposes, such as arms, warlike ammunition, etc. "2d. Those articles that cannot be used for war purposes, such as pictures, statuary, etc. "3d. Those articles which can be used for warlike or peaceful purposes, such as money, provisions, etc."1 So far as they were not bound by treaty, belligerents, however, exercised their discretion in the matter of declaring what was and what was not contraband until the declaration of London was formulated, when the leading maritime powers of the world came to an agreement which, on the whole, is con1 Grotius, III, chap. I, par. 5. |