INTERNATIONAL LAW AND PEACE S7 



allow, although they have not yet been ratified by Italy," for the conduct of naval com- 

 manders in relation to capture and prize. 1 



The terms of this Italian Decree, which are specially interesting as being based sub- 

 stantially on the provisions of the (unratified) Declaration of London, may be taken as 

 the latest embodiment of international practice on the subject. They were communicat- 

 ed to other Powers, including Great Britain, and no objection was taken to them. 



"Exercise of the Right of Capture and of Prize in Time of War. 



; "By a Royal Decree, dated October I3th, there wereapproved the following instructions in 

 conformity with the Declaration of Paris of April 16, 1856, which belligerent states are under 

 the obligation to observe, and with the principles laid down in the Hague Convention of 

 October 18, 1907, as well as in the Declaration of London of February 26, 1909, which the 

 Royal Government desires should be equally observed in so far as the dispositions of the 

 laws of the Kingdom allow, although they have not yet been ratified by Italy, and which are 

 to regulate the conduct of naval commanders in operations relating to capture and prize 

 during the war. 



"I. Turkey having taken no action to show that she intends to abstain from the capture 

 and making prize of Italian merchant ships, but having been the first to make prize of 

 Italian ships, the capture and making prize of Turkish merchant vessels and of their cargoes 

 being enemy's property, is hereby authorised, with the exception of fishing boats and small 

 coasting vessels. 



" II. National or neutral merchant ships under any flag will be captured, according to 

 the dispositions of the following paragraphs, if they: (a) Try to violate the blockade, 

 (b) Carry contraband of war. (c) Give assistance to the enemy, (d) Forcibly resist visit. 



"III. The blockade must be effective, that is, maintained by a force sufficient to prevent 

 access to the blockaded ports and coast. Violation of the blockade consists in an attempt 

 to penetrate within the blockaded zone or to leave it during the period established by the 

 declaration of blockade. The capture of ships attempting to violate the blockade cannot 

 take place outside the sphere of action of the ships charged with maintaining it. 



" IV. If the vessel making for a blockaded place is in ignorance of the existence of the 

 blockade, which has been declared after her departure from the last port of call, notification 

 of the blockade shall be given her and an entry to that effect made in the ship's log by an 

 officer of one of the blockading vessels. 2 



" V. Vessels that under stress of necessity are obliged to touch at a blockaded port will 

 be allowed to enter, after giving proof that they are compelled by force majeur'e, and to 

 leave again, provided that they do not take in or discharge cargo there. 3 If, however, the 

 vessel is carrying articles of contraband of war it shall be arranged that these shall be de- 

 posited on board one of the blockading ships. Neutral warships shall always be allowed to 

 pass freely through the blockading line. 4 



"VI. Contraband of war are: cannons, guns, carbines, revolvers, pistols, sabres and all 

 sorts of portable firearms; munitions of war, military implements of all kinds, and in general 

 everything which, without manipulation, can serve directly for land or sea armament. 



"Such articles are subject to capture or confiscation if it is proved that their destination is 

 the enemy's territory or naval forces, whether transported directly or by means of tranship- 

 ment or of transit overland. 5 



"VII. If the articles of contraband constitute a small part of the cargo, the naval com- 

 manders can, if they think good, receive such articles in deposit, making an entry to this 

 effect in the ship's log or, failing this, issuing a declaration to that effect, and then permit the 

 vessel freely to continue her voyage. 



"VIII. Ships are liable to capture for assisting the enemy which (a) directly take part 

 in the operation of war in the enemy's favour, (b) are chartered by the Government of 

 the enemy State, or placed under the orders or inspection of one of his agents or employed 

 to carry troops or news in the enemy's interest. 6 



" IX. Ships or goods captured or taken as prize will be conducted to the nearest port of 

 the Kingdom, or, when that is not feasible, to a neutral port to be put at the disposition of 

 the naval authorities or of the consular authorities, as the case may be, together with a 

 detailed report of the capture or prize accompanied by the relative documents. 



" If the observance of this prescription might compromise the safety of the capturing vessel 

 or the success of the warlike operations in which she is engaged, the commander shall have 

 the faculty of destroying the prize, after having provided for the safety of the persons, papers 

 and documents on board and of everything else which may be material to arriving at a 

 decision as to the legality of the prize. 7 



"X. Members of the enemy's armed forces found on board a neutral vessel may be made 



1 See Sir T. Barclay, Tur co-Italian war and its problems (1912), p. 123, 



2 See Decl. of London, Art. 16. 5 See Decl. of London, Art. 30. 



3 See Decl. of London, Art. 7. 6 See Decl. of London, Art. 46. : 



4 See Decl. of London, Art. 6. 7 See Decl. of London, Art. 49. 



