5 8 INTERNATIONAL LAW AND PEACE 



prisoners of war, even if the vessel either in the absence of the conditions laid down in 

 paragraph 8, or in circumstances where the captain's good faith is manifest be not liable to 

 capture. 1 



"XI. To fulfill the above conditions, the visiting of merchant vessels shall take place 

 (with the exception of the cases treated in the following articles) every time there is sufficient 

 motive for believing that the exercise of this right may result in the confiscation of the ship 

 or cargo in accordance with the practice authorized in such cases by the regulations in force, 

 and by international maritime usages. 



"XII. Ships escorted by a neutral war vessel are exempt from visit; naval commanders 

 will limit themselves in such cases to demanding, when they think fit, from the commander 

 of the conveying ship a written declaration regarding the nature and cargo of the convoys. 



"If there is reason to believe that the confidence of the commander of the convoying vessel 

 has been abused, these suspicions shall be communicated to him in order that he may proceed 

 alone to make the necessary verifications, issuing a written report on the subject. 2 



" XIII. Naval commanders must abstain from the right of visit, capture, and prize, and 

 from any act of hostility in the ports or territorial waters of neutrals. 



" The Prize Commission. 



" By another Royal Decree of the same date, a Prize Commission, presided over by a 

 magistrate with the rank of President of the Court of Appeal, or of President of Section of the 

 Court of Cassation, has been composed as follows: Ordinary members: (a) An admiral, 

 member of the Superior Naval Council, (b) A legal adviser of the Foreign Office, (c) A 

 Councillor of State, (d) The Director-General of the Mercantile-Marine, (e) The Inspec- 

 tor of the body of Harbour Authorities, (f) A Councillor of the Court of Appeal. There 

 shall be four assessors, of whom two shall be chosen from among the admirals and two from 

 categories (c) and (f). A magistrate of the Public Prosecutor's Office, of not lower rank than 

 a Public Prosecutor (" procuratore del Re"), shall act as Royal Commissioner. He has no 

 deliberative voice, and is charged with stating the case in the Government's name, and 

 with giving his conclusions. He shall not be present at the voting. The Commission shall 

 be assisted by a secretary, who has no vote. Five members of the Commission form a 

 quorum; in the case of an equality of votes, the President, or whoever is fulfilling his func- 

 tions, shall have the casting vote. The parties shall have the right to present written 

 memoranda, which are to be given to the President of the Commission. The representatives 

 of foreign Powers accredited to the Royal Government can address to the Royal Commis- 

 sioner such observations as they shall think advisable in the interests of their nationals. 

 The sentences of the Prize Court shall be supported by a statement of the grounds on 

 which they are based. The only appeal from these sentences, which are otherwise not 

 subject to appeal, challenge or revocation, is to the Supreme Court of Cassation according 

 to the letter and practice established by Article 3 of the law of March 31, 1877. The deci- 

 sions of the Prize Commission shall be communicated to the Ministers of Foreign Affairs and 

 Marine within eight days of their pronouncement." 



A rumour that the Ottoman Government had declared grain contraband of war 

 (Oct. 1911) led the Russian Government, in order to prevent any misunderstanding, to 

 issue a note in which it stated that " basing itself on the Declaration of Paris of 1856 and 

 on Articles 24 and 33 of the Declaration of London," it considered that cargoes of corn 

 were subject neither to arrest nor to confiscation when addressed from Russian ports on 

 the Black Sea to Italian or other ports so long as such cargoes are not destined for 

 Italian field forces or for Italian official consignees. " Any attempt to arrest or confis- 

 cate the above-mentioned cargoes," the note went on, " the Russian Government will 

 regard as a violation of the rights of Russia, and the Government gives warning of the 

 heavy responsibility which the Turkish Government would incur in such circumstances." 



The Turkish Government immediately replied by issuing a list of articles declared 

 to be contraband of war, comprising grain, but it was coupled with a declaration stating 

 that, although Turkey had not adhered to the Declaration of London she intended 

 conforming thereto. Thus contraband, visit and search, and questions of neutral ship- 

 ping generally, would be dealt with in accordance with the provisions of the Declaration. 

 Under Article 24 of the Declaration of London food-stuffs are expressly stated to be 

 conditional contraband, but another Article (Art. 35) provides that conditional con- 

 traband is not liable to capture except when found on board a vessel bound for territory 

 belonging to or occupied by the enemy or for the armed forces of the enemy and when it 

 is not to be discharged in an intervening neutral port. Another Article provides that 

 even when conditional contraband (except bullion, coin and paper money) is destined 



1 See Decl. of London, Art. 47. 2 See Decl. of London, Art. 62. 



