sidered a satisfactory advance as to the whole subject of contraband and its carriage. The divisions of Grotius are followed under the names of absolute contraband, conditional contraband, non-contraband, or the free list. "The notion of contraband of war," says the accompanying report to the declaration, "connotes two elements: it concerns objects of a certain kind and with a certain destination. Cannons, for instance, are carried in a neutral vessel. Are they contraband? That depends: if they are destined for a neutral government, no; if they are destined for an enemy government, yes. The trade in certain articles is by no means generally forbidden during war; it is the trade with the enemy in these articles which is illicit and against which the belligerent to whose detriment it is carried on may protect himself by the measures allowed by international law."1 191. Enumeration of Contraband and Non-Contraband Articles. The declaration of London, in Article 22, enumerates articles which are absolute contraband when destined for an enemy government and reads as follows: "Art. 22. The following articles may, without notice, be treated as contraband of war, under the name of absolute contraband: "(1) Arms of all kinds, including arms for sporting purposes, and their distinctive component parts. "(2) Projectiles, charges, and cartridges of all kinds and their distinctive component parts. "(3) Powder and explosives specially prepared for use in war. "(4) Gun-mountings, limber-boxes, limbers, military wagons, field forges, and their distinctive component parts. "(5) Clothing and equipment of a distinctively military char acter. war. (6) All kinds of harness of a distinctively military character. (7) Saddle, draught, and pack animals suitable for use in 1 Declaration of London, accompanying report, Appendix IV. "(8) Articles of camp equipment and their distinctive component parts. "(9) Armor-plates. "(10) War-ships, including boats and their distinctive component parts of such a nature that they can only be used on a vessel of war. “(11) Implements and apparatus designed exclusively for the manufacture of munitions of war, for the manufacture or repair of arms, or war material for use on land or sea." Article 23 provides for any inventions or discoveries which may happen in the future, but they must be, as the article reads, "exclusively used for war." "Art. 23. Articles exclusively used for war may be added to the list of absolute contraband by a declaration, which must be notified. "Such notification must be addressed to the governments of other powers, or to their representatives accredited to the power making the declaration. A notification made after the outbreak of hostilities is addressed only to neutral powers." In Article 24 are given articles known as conditional contraband, depending largely upon their destination, as specified in Article 33. "Art. 24. The following articles, susceptible of use in war as well as for purposes of peace, may, without notice, be treated as contraband of war, under the name of conditional contraband: "(1) Foodstuffs. "(2) Forage and grain, suitable for feeding animals. (3) Clothing, fabrics for clothing, and boots and shoes, suit able for use in war. "(4) Gold and silver in coin or bullion; paper money. '(5) Vehicles of all kinds available for use in war and their component parts. "(6) Vessels, craft, and boats of all kinds; floating docks, parts of docks, and their component parts. "(7) Railway material, both fixed and rolling stock, and material for telegraphs, wireless telegraphs, and telephones. "(8) Balloons and flying-machines and their distinctive component parts, together with accessories and articles recognizable as intended for use in connection with balloons and flyingmachines. "(9) Fuel; lubricants. (10) Powder and explosives not specially prepared for use in war. "(11) Barbed wire and implements for fixing and cutting the same. "(12) Horseshoes and shoeing materials. "(13) Harness and saddlery. "(14) Field glasses, telescopes, chronometers, and all kinds of nautical instruments." "Foodstuffs include products necessary or useful for the alimentation of man, whether solid or liquid. "Paper money only includes inconvertible paper money, i. e., bank-notes which may or may not be legal tender. Bills of exchange and checks are excluded. "Engines and boilers are included in the sixth enumeration. "Railway material includes fixtures (such as rails, sleepers, turntables, parts of bridges) and rolling stock (such as locomotives, carriages, and trucks)."1 Article 25 follows the ruling of Article 23. "Art. 25. Articles susceptible of use in war as well as for purposes of peace, other than those enumerated in Articles 22 and 24, may be added to the list of conditional contraband by a declaration, which must be notified in the manner provided for in the second paragraph of Article 23." Article 26 explains itself: "Art. 26. If a power waives, so far as it is concerned, the right to treat as contraband of war an article comprised in any of the classes enumerated in Articles 22 and 24, such inten 1 Declaration of London, accompanying report, Appendix IV. tion shall be announced by a declaration, which must be notified in the manner provided for in the second paragraph of Article 23." Article 27 gives the non-contraband or free list: "Art. 27. Articles which are not susceptible of use in war may not be declared contraband of war." This free list reads as follows: "Art. 28. The following may not be declared contraband of war: "(1) Raw cotton, wool, silk, jute, flax, hemp, and other raw materials of the textile industries and yarns of the same. (2) Oil-seeds and nuts; copra. "(3) Rubber, resins, gums, and lacs; hops. (4) Rawhides and horns, bones, and ivory. “(5) Natural and artificial manures, including nitrates and phosphates for agricultural purposes. "(6) Metallic ores. (7) Earths, clays, lime, chalk; stone, including marble, bricks, slates, and tiles. "(8) Chinaware and glass. "(9) Paper and paper-making materials. "(10) Soap, paint, and colors, including articles exclusively used in their manufacture, and varnish. "(11) Bleaching-powder, soda-ash, caustic soda, salt-cake, ammonia, sulphate of ammonia, and sulphate of copper. "(12) Agricultural, mining, textile, and printing machinery. "(13) Precious and semiprecious stones, pearls, mother-ofpearl, and coral. "(14) Clocks and watches, other than chronometers. "(15) Fashion and fancy goods. (16) Feathers of all kinds, hairs, and bristles. "(17) Articles of household furniture and decoration; office furniture and requisites." Great Britain has announced that the following articles on the free list (Article 28) shall be considered as conditional con traband: Copper, unwrought; lead, pig, sheet, or pipe; glyc erine; ferrochrome; hæmatite iron ore; magnetic iron ore; rubber; hides and skins, raw or rough tanned (but not including dressed leather). Of this Article 28 the accompanying report states that: "To lessen the drawbacks of war as regards neutral trade it has been thought useful to draw up this so-called free list, but this does not mean, as has been explained above, that all articles outside it might be declared contraband of war. "The ores here referred to are the product of mines from which metals are derived. . . "No. 16 refers to the hair of certain animals, such as pigs and wild boars. "Carpets and mats come under household furniture."1 The American delegation in their report say of this list that it is of great benefit to the sea-borne foreign trade of all countries and especially to that of the United States, whose exports and imports would be greatly affected by any uncertainty regarding cotton, wool, silk, jute, rubber, hides, etc. "Art. 29. Likewise the following may not be treated as contraband of war: "(1) Articles serving exclusively to aid the sick and wounded. They can, however, in case of urgent military necessity and subject to the payment of compensation, be requisitioned, if their destination is that specified in Article 30. "(2) Articles intended for the use of the vessel in which they are found, as well as those intended for the use of her crew and passengers during the voyage." The articles enumerated in Article 29 are for the special reasons given excluded from treatment as contraband. Hospital ships are not referred to in this article. The word crew here includes all persons in the service of the vessel in general.2 1 Declaration of London, accompanying report, Appendix IV. |