2

According to the Hague Peace Convention of 1907, §13 Art. 3, whenever a belligerent power captures a prize ship in the territorial waters of a neutral power, the belligerent power must surrender the prize ship to the neutral power, and the neutral power must then intern the crew of the prize ship.

Has this provision of the Hague Convention ever been duly followed since its adoption in 1907? That is, has a belligerent power ever surrendered a prize ship to a neutral power? Is there any comprehensive list of such actions, or at least a few notable examples?

If no such surrender has happened in history, has this term of the Hague Convention ever been litigated? That is, has any belligerent power been prosecuted under the terms of the Hague Convention for refusing or neglecting to surrender a prize ship to a neutral country?

2
  • 1
    The article states that the 'prize crew' must be interned. The 'prize crew' are those sailors of the belligerent power put on board the prize by the captor. The prize vessel and its original crew are to be released. This is no doubt intended to be a huge disincentive to capturing prizes in neutral waters. – Steve Bird Nov 12 '20 at 9:33
  • It would seem that any act that caused Article 3 to be invoked would be as a result of a violation of Article 2 - "Any act of hostility, including capture ..., constitutes a violation of neutrality and is strictly forbidden." So the captor's government is in trouble even if they surrender the prize ship. – KillingTime Nov 12 '20 at 9:47

Your Answer

By clicking “Post Your Answer”, you agree to our terms of service, privacy policy and cookie policy

Browse other questions tagged or ask your own question.