From the discussions at the Hague Conference of 1907, and from the opinions of recent writers upon contraband, it was evident that the whole subject of classification of contraband was in a very unsatisfactory state. The International Naval Conference at London, 190809, representing both the Anglo-American and continental declaration in so far as the question of coal is concerned. They have, however, already entered a protest against the treatment of foodstuffs as absolutely contraband, and they have pointed out that they observe with great concern that rice and provisions will be treated as unconditionally contraband, a step which they regard as inconsistent with the law and practice of nations. "In that protest it was stated that His Majesty's government does not contest that in particular circumstances provisions may acquire a contraband character, as, for instance, if they should be consigned direct to the army or fleet of a belligerent, or to a port where such fleet may be lying, or if facts should exist raising the presumption that they are about to be employed in victualing the fleet or forces of the enemy. In such cases it is not denied that the other belligerent would be entitled to seize the provisions as contraband of war, on the ground that they would afford material assistance toward the carrying on of warlike operations. "They could not, however, admit that if such provisions were consigned to the port of a belligerent (even though it should be a port of naval equipment) they must, on that ground alone, be of necessity regarded as contraband of war. "In the view of His Majesty's government the test appeared to be whether there are circumstances relating to any particular cargo to show that it is destined for military or naval use. "His Majesty's government further pointed out that the decision of the prize court of the captor in such matters, in order to be binding on neutral states, must be in accordance with recognized rules and principles of international law and procedure. "They therefore felt themselves bound to reserve their rights by protesting at once against the doctrine that it is for the belligerent to decide that certain articles or classes of articles are, as a matter of course and without reference to the considerations above referred to, to be dealt with as contraband of war regardless of the well-established rights of neutrals; nor would they consider themselves bound to recognize as valid the decision of any prize court which violated these rights, or was otherwise not in conformity with the recognized principles of international law. "I have, etc., Foreign Relations U. S., 1904, p. 334. Landsdowne." A communication had been sent by Secretary Hay on June 10, 1904, to the ambassadors of the United States in Europe, containing a full practice, gave much consideration to the subject of classification of contraband. The result of the deliberations as embodied in the Declaration of London, 1909, in effect divides goods into three classes: (1) Absolute contraband; (2) conditional contraband; and (3) free goods. (a) The formulated list of absolute contraband, when destined for a place within enemy jurisdiction, is that which was drawn up at the Second Hague Conference in 1907, and is stated as follows: "Article 22. The following articles and materials are, without notice, regarded as contraband, under the name of absolute contraband: "(1) Arms of all kinds, including arms for sporting purposes, and their unassembled distinctive parts. "(2) Projectiles, charges, and cartridges of all kinds, and their unassembled distinctive parts. "(3) Powder and explosives specially adapted for use in war. statement of the attitude of the United States in regard to neutral commerce in articles conditionally contraband of war. Foreign Relations U. S., 1904, p. 3. Russia later, in response to requests, interpreted a part of article 6 as follows: "In consequence of doubts which have arisen as to the interpretation of article 6, section 10, of the Regulations Respecting Contraband of War, it has been resolved by the Imperial Government that the articles capable of serving for a warlike object, and not specified in sections 1 to 9 of article 6, as well as rice and foodstuffs, shall be considered as contraband of war, if they are destined for"The government of the belligerent power; "For its administration; "For its army; "For its navy; "For its fortresses; "For its naval ports; or "For its purveyors. "In cases where they are addressed to private individuals these articles shall not be considered as contraband of war. "In all cases horses and beasts of burden shall be considered as contraband of war." British Parliamentary Papers, Russia, No. 1 (1905), p. 27. • British Parliamentary Papers, Miscellaneous No. 5 (1909), Proceedings of the International Naval Conference. "(4) Gun carriages, caissons, limbers, military wagons, field forges, and their unassembled distinctive parts. "(5) Clothing and equipment of a distinctively military character. "(6) All kinds of harness of a distinctively military char acter. “(7) Saddle, draught, and pack animals suitable for use in war. "(8) Articles of camp equipment and their unassembled distinctive part. "(9) Armor plates. "(10) Warships and boats and their unassembled parts specially distinctive as only suitable for use in a vessel of war. "(11) Implements and apparatus made exclusively for the manufacture of munitions of war, for the manufacture or repair of arms or of military material, for use on land or sea." It is also provided, in order to meet new conditions, that additions to the above list may be made in a regular manner: "Article 23. Articles and materials which are exclusively used for war may be added to the list of absolute contraband by means of a notified declaration. "The notification is addressed to the governments of other powers, or to their representatives accredited to the power which makes the declaration. A notification made after the opening of hostilities is addressed only to neutral powers." (b) A list of conditional contraband, liable to treatment as contraband when destined for the enemy forces or authorities, was agreed upon as follows: "Article 24. The following articles and materials, susceptible of use in war as well as for purposes of peace, are, without notice, regarded as contraband of war, under the name of 'conditional contraband': "(1) Foodstuffs. "(2) Forage and grain suitable for feeding animals. 7 There has been much difference of opinion as to the propriety of including "saddle, draught, and pack animals" in the list of absolute contraband. This was shown both at the Hague Conference in 1907 and at the London Conference in 1908-09. The practice of different states in regard to inclusion had also varied. "(3) Clothing, and fabrics for clothing, and boots and shoes, suitable for military use. "(4) Gold and silver in coin or bullion; paper money. "(5) Vehicles of all kinds available for use in war, and their unassembled parts. "(6) Vessels, craft, and boats of all kinds, floating docks, parts of docks, as also their unassembled parts. "(7) Fixed railway material and rolling stock, and material for telegraphs, radio-telegraphs, and telephones. "(8) Balloons and flying machines and their unassembled distinctive parts, as also their accessories, articles and materials distinctive as intended for use in connection with balloons and flying machines. "(9) Fuel; lubricants. "(10) Powder and explosives not specially adapted for use in war. "(11) Barbed wire, as also implements for placing and cutting the same. "(12) Horseshoes and horseshoeing materials. "(13) Harness and saddlery materials. "(14) Binocular glasses, telescopes, chronometers, and all kinds of nautical instruments." Provision for addition to the list was also made: "Article 25. Articles and materials susceptible of use in war, as well as for purposes of peace, and other than those enumerated in articles 22 and 24, may be added to the list of conditional contraband by means of a declaration, which must be notified in the manner provided for in the second paragraph of article 23." A state might also waive its right to treat certain articles as contraband under article 26, if it makes known its intention by a notified declaration in accord with the second paragraph of article 23. (c) The declaration also provides in article 27 that articles which are not susceptible of use in war may not be declared contraband. It further enumerates a specific free list: "Article 28. The following are not to 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) Nuts and oil seeds; copra. "(3) Rubber, resins, gums, and lacs; hops. "(4) Raw hides 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 materials prepared for its manufacture. "(10) Soap, paint and colours, including articles exclusively used in their manufacture, and varnishes. "(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 stones, semi-precious stones, pearls, motherof-pearl, 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 accessories. "Article 29. Neither are the following to be regarded as contraband of war: "(1) Articles and materials serving exclusively for the care of the sick and wounded. They can, nevertheless, 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 and materials 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.' While previously states have enumerated in treaties what articles they would regard as contraband in case of war between them, the Declaration of London of February 26, 1909, is the first agreement among any considerable number of states upon a full classification. It may be assumed that ten naval 8 For full report of proceedings of London Naval Conference, see British Parliamentary Papers, Miscellaneous, Nos. 4 and 5 (1909). |