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CHAPTER VIII.-Resistance to Search.
ARTICLE 63. Forcible resistance to the legitimate exercise of the right of stoppage, search and capture, involves in all cases the condemnation of the vessel. The cargo is liable to the same treatment as the cargo of an enemy vessel. Goods belonging to the master or owner of the vessel are treated as enemy goods.
If the capture of a vessel or of goods is not upheld by the prize court, or if the prize is released without any judgment being given, the parties interested have the right to compensation, unless there were good reasons for capturing the vessel or goods.
The provisions of the present declaration must be treated as a whole, and cannot be separated.
ARTICLE 66. The signatory powers undertake to insure the mutual observance of the rules contained in the present declaration in any war in which all the belligerents are parties thereto. They will therefore issue the necessary instructions to their authorities and to their armed forces, and will take such measures as may be required in order to insure that it will be applied by their courts, and more particularly by their prize courts.
The present declaration shall be ratified as soon as possible. The ratifications shall be deposited in London.
The first deposit of ratifications shall be recorded in a protocol signed by the representatives of the powers taking part therein, and by His Britannic Majesty's Principal Secretary of State for Foreign Affairs.
The subsequent deposits of ratifications shall be made by means of a written notification addressed to the British Government, and accompanied by the instrument of ratification.
A duly certified copy of the protocol relating to the first deposit of ratifications, and of the notifications mentioned in the preceding paragraph, as well as of the instruments of ratification which accompany them, shall be immediately sent by the British Gov. ernment, through the diplomatic channel, to the signatory powers. The said government shall, in the cases contemplated in the preceding paragraph, inform them at the same time of the date on which it received the notification.
The present declaration shall take effect, in the case of the powers which were parties to the first deposit of ratifications, sixty days after the date of the protocol recording such deposit, and, in the case of the powers which shall ratify subsequently, sixty days after the notification of their ratification shall have been received by the British Government.
CONVENTION RESPECTING THE RIGHTS AND DUTIES OF
NEUTRAL POWERS IN NAVAL WAR.
ARTICLE 1. Belligerents are bound to respect the sovereign rights of neutral powers and to abstain, in neutral territory or neutral waters, from any act which would, if knowingly permitted by any power, constitute a violation of neutrality.
Any act of hostility, including capture and the exercise of the right of search, committed by belligerent warships in the territorial waters of a neutral power, constitutes a violation of neutrality and is strictly forbidden.
ARTICLE 3. When a ship has been captured in the territorial waters of a neutral power, this power must employ, if the prize is still within
its jurisdiction, the means at its disposal to release the prize, with its officers and crew, and to intern the prize crew.
If the prize is not in the jurisdiction of the neutral power, the captor government, on the demand of that power, must liberate the prize with its officers and crew.*
A prize court cannot be set up by a belligerent on neutral territory or on a vessel in neutral waters.
Belligerents are forbidden to use neutral ports and waters as a base of naval operations against their adversaries, and in particular to erect wireless telegraphy stations or any apparatus for the purpose of communicating with the belligerent forces on land
ARTICLE 6. The supply, in any manner, directly or indirectly, by a neutral power to a belligerent power, of warships, ammunition or war material of any kind whatever is forbidden.
A neutral power is not bound to prevent the export or transit, for the use of either belligerent, of arms, ammunitions, or, in general, of anything which could be of use to an army or fleet.
ARTICLE 8. A neutral government is bound to employ the means at its disposal to prevent the fitting out or arming of any vessel within its jurisdiction which it has reason to believe is intended to cruise, or engage in hostile operations, against a power with which that government is at peace. It is also bound to display the same vigilance to prevent the departure from its jurisdiction
* The United States adheres to Article 3, with the understanding that its last clause implies the duty of neutral power to make the demand therein mentioned for the return of a ship captured within the neutral jurisdiction and no longer within that jurisdiction.
of any vessel intended to cruise, or engage in hostile operations, which has been adapted entirely or partly within the said jurisdiction for use in war.
A neutral power must apply equally to the two belligerents the conditions, restrictions or prohibitions made by it in regard to the admission into its ports, roadsteads or territorial waters, of belligerent warships or of their prizes.
Furthermore, a neutral power may forbid a belligerent vessel which has failed to conform to the orders and regulations made by it, or which has violated neutrality, to enter its ports.or roadsteads.
ARTICLE 10. The neutrality of a power is not affected by the mere passage through its territorial waters of warships or prizes belonging to belligerents.
ARTICLE 11. A neutral power may allow belligerent warships to employ its licensed pilots.
ARTICLE 12. In the absence of special provisions to the contrary in the legislation of a neutral power, belligerent warships are not permitted to remain in the ports, roadsteads or territorial waters of the said power for more than twenty-four hours, except in the cases covered by the present convention.
ARTICLE 13. If a power which has been informed of the outbreak of hostilities learns that a belligerent warship is in one of its ports or roadsteads, or in its territorial waters, it must notify the said ship to depart within twenty-four hours or within the time prescribed by local regulations.
A belligerent warship may not prolong its stay in a neutral port beyond the permissible time except on account of damage or stress of weather. It must depart as soon as the cause of the delay is at an end.
The regulations as to the question of the length of time which these vessels may remain in neutral ports, roadsteads, or waters do not apply to warships devoted exclusively to religious, scientific, or philanthropic purposes.
ARTICLE 15. In the absence of special provisions to the contrary in the legislation of a neutral power, the maximum number of warships belonging to a belligerent which may be in one of the ports or roadsteads of that power simultaneously shall be three.
When warships belonging to both belligerents are present simultaneously in a neutral port or roadstead, a period of not less than twenty-four hours must elapse between the departure of the ship belonging to one belligerent and the departure of the ship belonging to the other.
The order of departure is determined by the order of arrival, unless the ship which arrived first is so circumstanced that an extension of its stay is permissible.
A belligerent warship may not leave a neutral port or roadstead until twenty-four hours after the departure of a merchant ship flying the flag of its adversary.
In neutral ports and roadsteads belligerent warships may only carry out such repairs as are absolutely necessary to render them seaworthy, and may not add in any manner whatsoever to their fighting force. The authorities of the neutral power shall decide what repairs are necessary, and these must be carried out with the least possible delay.
ARTICLE 18. Belligerent warships may not make use of neutral ports, roadsteads or territorial waters for replenishing or increasing their supplies of war material or their armament, or for completing their crews.
ARTICLE 19. Belligerent warships may only revictual in neutral ports or roadsteads to complete their supplies up to amount usual in time of peace.