APPENDIX XII

DECLARATION OF LONDON

[Translation.]

DECLARATION CONCERNING THE LAWS OF NAVAL WAR

His Majesty the German Emperor, King of Prussia; the President of the United States of America; His Majesty the Emperor of Austria, King of Bohemia, &c., and Apostolic King of Hungary; His Majesty the King of Spain; the President of the French Republic; His Majesty the King of the United Kingdom of Great Britain and Ireland and of the British Dominion beyond the Seas, Emperor of India; His Majesty the King of Italy; His Majesty the Emperor of Japan; Her Majesty the Queen of the Netherlands; His Majesty the Emperor of All the Russias;

Considering the invitation which the British Government has given to various Powers to meet in conference in order to determine together as to what are the generally recognized rules of international law within the meaning of Article 7 of the Convention of 18th October, 1907, relative to the establishment of an International Prize Court;

Recognizing all the advantages which, in the unfortunate event of a naval war an agreement as to said rules would present, both as regards peaceful commerce, and as regards the belligerents and their diplomatic relations with neutral Governments;

Considering that the general principles of international law are often in their practical application the subject of divergent procedure;

Animated by the desire to insure henceforward a greater measure of uniformity in this respect;

Hoping that a work so important to the common welfare will meet with general approval;

Have appointed as their Plenipotentiaries, that is to say: [Names of Plenipotentiaries.]

Who, after having communicated their full powers, found in good and due form, have agreed to make the present Declaration:

PRELIMINARY PROVISION

The Signatory Powers are agreed that the rules contained in the following chapters correspond in substance with the generally recognized principles of international law.

CHAPTER I. Blockade in Time of War

ARTICLE 1. A blockade must be limited to the ports and coasts belonging to, or occupied by, the enemy.

ART. 2. In accordance with the Declaration of Paris, 1856, a blockade, in order to be binding, must be effective—that is to say, it must be maintained by a force sufficient really to prevent access to the enemy coast.

ART. 3. The question whether a blockade is effective is a question of fact.

ART. 4. A blockade is not regarded as raised if by bad weather the blockading forces are temporarily driven off.

ART. 5. A blockade must be applied impartially to the ships of all nations.

ART. 6. The commander of a blockading force may grant to a war-ship permission to enter, and subsequently to leave, a blockaded port.

ART. 7. In circumstances of distress, acknowledged by an authority of the blockading forces, a neutral vessel may enter a place under blockade, and subsequently leave it, provided that she has neither discharged nor shipped any cargo.

ART. 8. A blockade, in order to be binding must be declared in accordance with Article 9, and notified in accordance with Articles 11 and 16.

ART. 9. A declaration of blockade is made either by the blockading Power or by the naval authorities acting in its name.

It specifies

(1) The date when the blockade begins.

(2) The geographical limits of the coast blockaded.

(3) The delay to be allowed to neutral vessels for departure.

ART. 10. If the blockading Power, or the naval authorities acting in its name, do not establish the blockade in conformity with the provisions, which, in accordance with Article 9 (1) and (2), must be inserted in the declaration of blockade, the declaration is void, and a new declaration is necessary in order to make the blockade operative.

ART. 11. A declaration of blockade is notified

(1) To the neutral Powers, by the blockading Power by means of a communication addressed to the Governments themselves, or to their Representatives accredited to it.

(2) To the local authorities, by the officer commanding the blockading force. These authorities will, on their part, inform, as soon as possible, the foreign consuls who exercise their functions in the port or on the coast blockaded.

ART. 12. The rules relative to the declaration and to the notification of blockade are applicable in the case in which the blockade may have been extended, or may have been reëstablished after having been raised.

ART. 13. The voluntary raising of a blockade, as also any limitation which may be introduced, must be notified in the manner prescribed by Article 11.

ART. 14. The liability of a neutral vessel to capture for breach of blockade is contingent on her knowledge, actual or presumptive, of the blockade.

ART. 15. Failing proof to the contrary, knowledge of the blockade is presumed if the vessel left a neutral port subsequently to the notification of the blockade made in sufficient time to the Power to which such port belongs.

ART. 16. If a vessel which approaches a blockaded port does not know, or cannot be presumed to know, of the blockade, the notification must be made to the vessel itself by an officer of one of the ships of the blockading force. This notification must be entered in the ship's log book, with entry of the day and hour, as also of the geographical position of the vessel at the time.

A neutral vessel which leaves a blockaded port must be allowed to pass free, if through the negligence of the officer commanding the blockading force, no declaration of blockade has been notified to the local authorities, or, if in the declaration, as notified, no delay has been indicated.

. ART. 17. The seizure of neutral vessels for violation of blockade

may be made only within the radius of action of the ships of war assigned to maintain an effective blockade.

ART. 18. The blockading forces must not bar access to the ports or to the coasts of neutrals.

ART. 19. Whatever may be the ulterior destination of the ship or of her cargo, the evidence of violation of blockade is not sufficiently conclusive to authorize the seizure of the ship if she is at the time bound toward an unblockaded port.

ART. 20. A vessel which in violation of blockade has left a blockaded port or has attempted to enter the port is liable to capture so long as she is pursued by a ship of the blockading force. If the pursuit is abandoned, or if the blockade is raised, her capture can no longer be effected.

ART. 21. A vessel found guilty of breach of blockade is liable to condemnation. The cargo is also liable to condemnation, unless it is proved that at the time the goods were shipped the shipper neither knew nor could have known of the intention to violate the blockade.

CHAPTER II. Contraband of War

ART. 22. The following articles and materials are, without notice, regarded as contraband, under the name of absolute contraband:

1. Arms of all kinds, including arms for sporting purposes, and their unassembled distinctive parts.

2. Projectiles, charges, and cartridges of all kinds, and their unassembled distinctive parts.

3. Powder and explosives specially adapted for use in war.

4. Gun carriages, caissons, limbers, military wagons, field forges, and their unassembled distinctive parts.

5. Clothing and equipment of a distinctively military character.

6. All kinds of harness of a distinctively military character.

7. Saddle, draught, and pack animals suitable for use in war.

8. Articles of camp equipment and their unassembled distinctive parts.

9. Armor plates.

10. War-ships and boats and their unassembled parts specially distinctive as only suitable for use in a vessel of war.

11. Implements and apparatus made exclusively for the manufacture of munitions of war, for the manufacture or repair of arms or of military material, for use on land and sea.

ART. 23. Articles and materials which are exclusively used for war may be added to the list of absolute contraband by means of a notified declaration.

The notification is addressed to the Governments of other Powers or to their Representatives accredited to the Power which makes the declaration. A notification made after the opening of hostilities is addressed only to the neutral Powers.

ART. 24. The following articles and materials, susceptible of use in war as well as for purposes of peace, are without notice regarded as contraband of war, under the name of conditional contraband:

(1) Food.

(2) Forage and grain suitable for feeding animals.

(3) Clothing and fabrics for clothing, boots and shoes, suitable for military use.

(4) Gold and silver in coin or bullion; paper money.

(5) Vehicles of all kinds available for use in war, and their unassembled parts.

(6) Vessels, craft, and boats of all kinds, floating docks, parts of docks as also their unassembled parts.

(7) Fixed railway material and rolling stock, and material for tele-i graphs, radiotelegraphs and telephones.

(8) Balloons and flying machines and their unassembled distinctive parts as also their accessories, articles and materials distinctive as intended for use in connection with balloons or flying machines. (9) Fuel; lubricants.

(10) Powder and explosives which are not specially adapted for use in war.

(11) Barbed wire as also the implements for placing and cutting the same.

(12) Horseshoes and horseshoeing materials.

(13) Harness and saddlery material.

(14) Binocular glasses, telescopes, chronometers, and all kinds of nautical instruments.

ART. 25. Articles and materials susceptible of use in war as well as for purposes of peace, and other than those enumerated in Articles 22 and 24, may be added to the list of conditional contraband by means of a declaration which must be notified in the manner provided for in the second paragraph of Article 23.

ART. 26. If a Power waives, so far as it is concerned, the right to regard as contraband of war articles and materials which are comprised

1