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The present Convention shall come into force, in the case of the Powers which were a party to the first deposit of ratifica4 tions, sixty days after the date of the procès-verbal of this deposit, and, in the case of the Powers which ratify subsequently or which 6 adhere, sixty days after the notification of their ratification or

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of their adhesion has been received by the Netherland Gov

ernment.

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In the event of one of the Contracting Powers wishing to 11 denounce the present Convention, the denunciation shall be 12 notified in writing to the Netherland Government, which shall 13 at once communicate a duly certified copy of the notification to 14 all the other Powers, informing them of the date on which it was received.

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The denunciation shall only have effect in regard to the 17 notifying Power, and one year after the notification has reached the Netherland Government.

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ARTICLE XII.

A register kept by the Netherland Ministry for Foreign Affairs shall give the date of the deposit of ratifications made in virtue 22 of Article VIII, paragraphs 3 and 4, as well as the date on which the notifications of adhesion (Article IX, paragraph 2) or of 24 denunciation (Article XI, paragraph 1) have been received.

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Each Contracting Power is entitled to have access to this 26 register and to be supplied with duly certified extracts from it. 27 In faith whereof the Plenipotentiaries have appended their 28 signatures to the present Convention.

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Done at The Hague, the 18th October, 1907, in a single copy, 30 which shall remain deposited in the archives of the Netherland 31 Government, and duly certified copies of which shall be sent, 32 through the diplomatic channel, to the Powers which have been 33 invited to the Second Peace Conference.

[Executive Q, Sixtieth Congress, first session-Confidential.]

INTERNATIONAL PRIZE COURT.

[Not ratified by the Senate.]

A CONVENTION SIGNED BY THE DELEGATES OF THE UNITED STATES TO THE SECOND INTERNATIONAL PEACE CONFERENCE HELD AT THE HAGUE FROM JUNE 15 TO OCTOBER 18, 1907, RELATIVE TO THE CREATION OF AN INTERNATIONAL PRIZE COURT.

FEBRUARY 27, 1908.-Read; convention read the first time and referred to the Committee on Foreign Relations, and, together with the message and accompanying papers, ordered to be printed in confidence for the use of the Senate.

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[Not reported.]

HIS Majesty the German Emperor, King of Prussia; the Presi2 dent of the United States of America; the President of the Argen3 tine Republic; His Majesty the Emperor of Austria, King of 4 Bohemia, &c., and Apostolic King of Hungary; His Majesty the 5 King of the Belgians; the President of the Republic of Bolivia; 6 the President of the Republic of the United States of Brazil; His 7 Royal Highness the Prince of Bulgaria; the President of the 8 Republic of Chile; His Majesty the Emperor of China; the Presi9 dent of the Republic of Colombia; the Provisional Governor of 10 the Republic of Cuba; His Majesty the King of Denmark; the 11 President of the Dominican Republic; the President of the Repub12 lic of Ecuador; His Majesty the King of Spain; the President of 13 the French Republic; His Majesty the King of the United King14 dom of Great Britain and Ireland and of the British Dominions 15 beyond the Seas, Emperor of India; His Majesty the King of the 16 Hellenes; the President of the Republic of Guatemala; the Presi17 dent of the Republic of Haïti; His Majesty the King of Italy; His 18 Majesty the Emperor of Japan; His Royal Highness the Grand 19 Duke of Luxemburg, Duke of Nassau; the President of the 20 United States of Mexico; His Royal Highness the Prince of Mon21 tenegro; the President of the Republic of Nicaragua; His Maj22 esty the King of Norway; the President of the Republic of 23 Panamá; the President of the Republic of Paraguay; Her 24 Majesty the Queen of the Netherlands; the President of the 25 Republic of Peru; His Imperial Majesty the Shah of Persia; His

1 Majesty the King of Portugal and of the Algarves, &c.; His 2 Majesty the King of Roumania; His Majesty the Emperor of All 3 the Russias; the President of the Republic of Salvador; His 4 Majesty the King of Servia; His Majesty the King of Siam; His 5 Majesty the King of Sweden; the Swiss Federal Council; His 6 Majesty the Emperor of the Ottomans; the President of the 7 Oriental Republic of Uruguay; the President of the United States of Venezuela:

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Animated by the desire to settle in an equitable manner the 10 differences which sometimes arise in the course of a naval war in connection with the decisions of National Prize Courts;

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Considering that, if these Courts are to continue to exercise 13 their functions in the manner determined by national legislation 14 it is desirable that in certain cases an appeal should be provided, under conditions conciliating, as far as possible, the public and

16 private interests involved in matters of prize;

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Whereas, moreover, the institution of an International Court, 18 whose jurisdiction and procedure would be carefully defined, has 19 seemed to be the best method of attaining this object;

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Convinced, finally, that in this manner the hardships conse21 quent on naval war would be mitigated; that, in particular, good 22 relations will be more easily maintained between belligerents and 23 neutrals and peace better assured;

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Desirous of concluding a Convention to this effect, have

25 appointed the following as their Plenipotentiaries:

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[For names of Plenipotentiaries see Final Act, supra.]

Who, after depositing their full powers, found in good and due 28 form, have agreed upon the following provisions:

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PART I.-General Provisions.

ARTICLE I.

The validity of the capture of a merchant-ship or its cargo is 32 decided before a Prize Court in accordance with the present 33 Convention when neutral or enemy property is involved.

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ARTICLE II.

Jurisdiction in matters of prize is exercised in the first instance 36 by the Prize Courts of the belligerent captor.

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The judgments of these Courts are pronounced in public or are 38 officially notified to parties concerned who are neutrals or 39 enemies.

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ARTICLE III.

2 The judgments of National Prize Courts may be brought

3 before the International Prize Court

4 1. When the judgment of the National Prize Courts affects 5 the property of a neutral Power or individual;

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2. When the judgment affects enemy property and relates to(a.) Cargo on board a neutral ship;

(b.) An enemy ship captured in the territorial waters of a neutral Power, when that Power has not made the capture the subject of a diplomatic claim;

(c.) A claim based upon the allegation that the seizure has been effected in violation, either of the provisions of a Convention in force between the bel

ligerent Powers, or of an enactment issued by the belligerent captor.

The appeal against the judgment of the National Court can be based on the ground that the judgment was wrong either in fact or in law.

ARTICLE IV.

An appeal may be brought

21 1. By a neutral Power, if the judgment of the National Tri22 bunals injuriously affects its property or the property of its 23 nationals (Article III (1) ), or if the capture of an enemy vessel 24 is alleged to have taken place in the territorial waters of that 25 Power (Article III (2) (b));

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2. By a neutral individual, if the judgment of the National 27 Court injuriously affects his property (Article III (1) ), subject, 28 however, to the reservation that the Power to which he belongs 29 may forbid him to bring the case before the Court, or may itself 30 undertake the proceedings in his place;

31 3. By an individual subject or citizen of an enemy Power, if 32 the judgment of the National Court injuriously affects his 33 property in the cases referred to in Article III (2), except that 34 mentioned in paragraph (b).

36 An appeal may also be brought on the same conditions as in 37 the preceding Article, by persons belonging either to neutral 38 States or to the enemy, deriving their rights from and entitled 39 to represent an individual qualified to appeal, and who have

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taken part in the proceedings before the National Court. Persons so entitled may appeal separately to the extent of their interest.

The same rule applies in the case of persons belonging either to neutral States or to the enemy who derive their rights from and are entitled to represent a neutral Power whose property was the subject of the decision.

ARTICLE VI.

9 When, in accordance with the above Article III, the Inter10 national Court has jurisdiction, the National Courts cannot deal 11 with a case in more than two instances. The municipal law 12 of the belligerent captor shall decide whether the case may be 13 brought before the International Court after judgment has 14 been given in first instance or only after an appeal.

15 If the National Courts fail to give final judgment within two years from the date of capture, the case may be carried direct to the International Court.

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ARTICLE VII.

If a question of law to be decided is covered by a Treaty in 20 force between the belligerent captor and a Power which is itself 21 or whose subject or citizen is a party to the proceedings, the 22 Court is governed by the provisions of the said Treaty.

23 In the absence of such provisions, the Court shall apply the 24 rules of international law. If no generally recognized rule 25 exists, the Court shall give judgment in accordance with the 26 general principles of justice and equity.

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The above provisions apply equally to questions relating to 28 the order and mode of proof.

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If, in accordance with Article III (2) (c), the ground of appeal 30 is the violation of an enactment issued by the belligerent cap31 tor, the Court will enforce the enactment.

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The Court may disregard failure to comply with the pro33 cedure laid down in the enactments of the belligerent captor, 34 when it is of opinion that the consequences of complying there35 with are unjust and inequitable.

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ARTICLE VIII.

If the Court pronounces the capture of the vessel or cargo to 38 be valid, they shall be disposed of in accordance with the laws of the belligerent captor.

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