Treaties, States Parties and Commentaries
Treaties and Documents
Geneva Conventions of 1949 and Additional Protocols, and their Commentaries
Historical Treaties and Documents
Manual of the Laws of Naval War. Oxford, 9 August 1913.
The Institute of International Law, at its Christiania session, declared itself in favour of firmly upholding its former Resolutions on the abolition of capture and of confiscation of enemy private property in naval warfare. But at the same time being aware that this principle is not yet accepted, and deeming that, for so long as it shall not be, regulation of the right of capture is indispensable, it entrusted a commission with the task of drawing up stipulations providing for either contingency. In pursuance of this latter action, the Institute, at its Oxford session on 9 August 1913, adopted the following Manual, based on the right of capture (1).
' is the act by which the commander of a war-ship substitutes his authority for that of the captain of the enemy ship, subject to the subsequent judgment of the prize court as to the ultimate fate of the ship and its cargo.
' Seizure, ' when applied to a ship, is the act by which a war-ship takes possession of the vessel detained, with or without the consent of the captain of the latter. Seizure differs tom capture in that the ultimate fate of the vessel may not be involved as a result of its condemnation.
Applied to goods alone, seizure is the act by which the war-ship, with or without the consent of the captain of the vessel detained, takes possession of the goods and holds them or disposes of them subject to the subsequent judgment of the prize court.
' Confiscation ' is the act by which the prize court renders valid the capture of a vessel or the seizure of its goods.
The word ' prize ' is a general expression applying to a captured ship or to seized goods.
By ' public ships ' are meant all ships other than war-ships which, belonging to the State or to individuals, are set apart for public service and are under the orders of an officer duly commissioned by the State. (Note in the original).