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Declaration concerning the Laws of Naval War. London, 26 February 1909.

Chapter IV : Destruction of neutral prizes - Art. 51.

Art. 51. A captor who has destroyed a neutral vessel must, prior to any decision respecting the validity of the prize, establish that he only acted in the face of an exceptional necessity of the nature contemplated in Article 49

. If he fails to do this, he must compensate the parties interested and no examination shall be made of the question whether the capture was valid or not.

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