DIVISION OF SUBJECT.

176. Relations existing between neutrals and belligerents naturally fall under two heads:

(a) The relations existing between the belligerents and neutral states, as such.

(b) The relations existing between the belligerents and individuals.

The Relations between Belligerents and Neutral States.

(a) The relations between the belligerents and neutral states are based upon the respect for the sovereign rights of the states. Established usage may determine what course should be pursued under certain circumstances. In recent years, particularly since the First Peace Conference at The Hague in 1899, treaties and general international agreements have been entered upon to establish uniformity of practice in time of war.

Relations between Belligerents and Neutral Individuals.

(b) Between belligerents and neutral individuals there exist no mutual obligations. The neutral individual owes no obligation to the belligerent, and under ordinary circumstances the belligerent exercises no jurisdiction over the neutral individual. In general, the neutral individual may engage in commerce in time of war as in time of peace. There are conditions under which the individual may act in such manner as to constitute a material interference with the conduct of the hostilities. The belligerent then claims the right to exercise such authority as will prevent or deter the neutral from thus acting. The belligerent also claims the right to exercise reasonable care to determine whether such action is contemplated as by visit and search.

all the nations of the world are neighbors one to the other. Courtesy, moderation, and self-restraint should mark international, no less than private, intercourse.

"All the officials of the government, civil, military, and naval, are expected so to carry themselves both in act and in deed as to give no cause of just offense to the people of any foreign and friendly power-and with all mankind we are now in friendship.

Foreign Relations U. S., 1904, p. 185.

"Theodore Roosevelt."

The action of the neutral individual may sometimes be of such character as to show that the neutral state has not taken reasonable precautions against allowing neutral territory to be used as a base for hostile purposes. It is customary for the neutral state to tolerate interference with the acts of neutral individuals in the time of war which would not be allowed in time of peace, and also to take precautionary measures and assume obligations in regard to acts of its nationals which it would not take or assume in time of peace. The most frequent relationships into which belligerents and neutral individuals come involve.

(1) Ordinary commerce.

(2) Visit and search.
(3) Contraband.
(4) Blockade.

(5) Continuous voyage.
(6) Unneutral service.
(7) Convoy.
(8) Prize.

181. Convoy.

182. Grounds of Capture.

183. Transfer of Property.

184. Treatment of Captured Vessels.

185. Destruction or Appropriation of Property at Sea.

VISIT AND SEARCH IN WAR.

177. In time of war, visit and search is a right in accord with which a belligerent vessel may stop, visit, and search a neutral vessel, in order to learn whether it is in any way connected with the hostilities.

By visit and search the belligerent usually endeavors to ascertain the nationality of the vessel, whether neutral or belligerent; the nature of the cargo, whether contraband or innocent; the destination, whether enemy or neutral; and the nature of the service, whether neutral or unneutral.1

In order to ascertain the identity or nationality of a vessel which would not be liable to visit and search, a belligerent sometimes exercises what is called the "right of approach."

THE EXERCISE OF THE RIGHT OF VISIT AND SEARCH.

178. The right of visit and search in general may be exercised

(a) By regularly commissioned war vessels of the belligerents.

(b) Over private vessels of neutrals.

(c) At any point outside of neutral jurisdiction.

(d) During the period of the war.

1 The right of visiting and searching merchant ships upon the high seas, whatever be the ships, whatever be the cargoes, whatever be

(a) Before the Declaration of Paris of 1856, by which "privateering is and remains abolished," there was abuse by privateers of the right of visit and search, even though the privateers were commissioned. There was no objection to the exercise of this right by the regular naval forces of the belligerents. The neutral has, however, a right to demand that there shall be no interference with his commerce in time of war by vessels of the belligerents for whose acts the belligerent does not assume full responsibility. The Hague Convention of 1907, therefore, provided that "a merchant ship converted into a warship cannot have the rights and duties accruing to such vessels unless it is placed under the direct authority, immediate control, and responsibility of the power whose flag it flies." 2 The command of such vessels must be in regularly commissioned officers of the state.

(b) As persons residing within neutral jurisdiction are permitted to carry on commerce in the time of war as in the time of peace, the belligerent as a measure of reasonable protection must assure himself or be assured that the neutral is not acting in such a manner as to injure him or to aid the other bellig

erent.

The method of gaining this assurance is commonly by visit to a neutral private vessel, and, if there is then doubt, by search of the vessel. It has been proposed that vessels certificated as innocent by neutral officials authorized for this purpose be exempted from search.

Before the Declaration of London, 1909, neutral private vessels under convoy were by some states allowed exemption, but Great Britain had not until that time admitted this as a right.

the destinations, is an incontestable right of the lawfully commissioned cruisers of a belligerent nation. 1 C. Rob. 340.

2 Conversion of Merchant Ships into War Ships, ante, p. 314.

3 Earl Grey to Sir Edward Fry, First British Plenipotentiary to Second Hague Peace Conference, June 12, 1907: "29. His Majesty's government would further be glad to see the right of search limited in every practicable way; e. g., by the adoption of a system of consular certificates declaring the absence of contraband from the cargo, and by the exemption of passenger and mail steamers upon defined routes, etc." Correspondence Respecting Second Peace Conference, Parliamentary Papers, Misc. No. 1 (1908) p. 17.

Public vessels of neutrals, bound by good faith to act as neutrals, are exempt from visit and search, though there has been some question as to the extension of exemption to such public vessels as may be engaged in occupations of a commercial nature; e. g., the postal service. It is maintained that, if such vessels are commanded by a regularly commissioned officer of the navy, his word should be sufficient assurance of the character of the vessel.*

(c) The right of search may in general be exercised at any point within the jurisdiction of either belligerent, on the high seas, and at any point outside of neutral jurisdiction. Restrictions upon the exercise of war rights are sometimes provided in treaties."

(d) The right of visit and search continues during the period of the war. An armistice or suspension of hostilities binds the belligerent forces, but does not put obligations upon neutrals; therefore the belligerent for his own protection would naturally continue the exercise of visit and search until peace is assured. The armistice agreed upon between Russia and Japan September 1, 1905, regulating the action of their forces, specifically stated that "maritime captures will not be suspended by the armistice."

METHOD OF VISIT AND SEARCH.

179. Where treaty provisions in regard to the exercise of the right of visit and search do not exist, the right should be exercised with consideration for the general rights of the neutral.

The treaty between the United States and Italy of February 26, 1871, provides that "in order to prevent all kinds of disorder in the visiting and examination of the ships and cargoes

Perels, Öffentliche Seerecht, § 52, IV.

"The canal shall never be blockaded, nor shall any right of war be exercised nor any act of hostility be committed within it. The United States, however, shall be at liberty to maintain such military police along the canal as may be necessary to protect it against lawlessness and disorder." Article III, Treaty between Great Britain and United States, Nov. 18, 1901, Trans-Isthmian Canal.