of the existence of the blockade, she shall be notified of it by one of the blockading vessels, entry to that effect being made, if possible, in her log. Ignorance of the existence of blockade is assumed when this has been declared after the ship left its last port of call. 5. Are considered as contraband of war the objects and materials included in the respective lists approved by decree. Articles of absolute and conditional contraband are seized when their destination is territory belonging to or occupied by the enemy, or when consigned to the enemy's forces. Both absolute and conditional contraband on board a ship proceeding to a neutral port is subject to seizure when the name of the consignee does not appear on the manifest, or when the ultimate consignee resides in territory belonging to or occupied by the enemy, or when the goods are consigned to agents of an enemy government, wherever established, or to third persons who are receivers of the goods on account of agents of an enemy government. 6. A ship carrying absolute or conditional contraband may be captured on the high sea or in belligerent territorial waters at any time during its voyage. If, however, contraband articles form a small part of the cargo, naval commanding officers may at their discretion take over, and, if circumstances require it, destroy the contraband goods, and after noting the fact in the ship's log may allow the vessel to continue her voyage. 7. A ship shall be captured as guilty of giving assistance to the enemy if she (a) Has taken direct part in hostilities; (b) Has been entirely chartered by an enemy government, or has on board an agent of such government in control of the ship; (c) Is employed exclusively for the transport of troops, or for the transmission of news in the enemy's interest; (d) Is engaged in transporting enemy military detachments or persons who during the voyage may render or have lent direct assistance to the enemy's operations with the knowledge of the owner, charterer, or master; (e) Is navigating with the specific object of transporting individuals on their way to join the enemy's armed forces. 8. Persons belonging to or intending to join the enemy's armed forces found on board a neutral vessel may be made prisoners of war, even though the ship be not subject to capture. 9. To carry out the instructions contained in the preceding articles, naval commanding officers, whenever it is judged useful, shall proceed to visit merchant ships on the high sea or in belligerent waters, or may request them to proceed to the nearest port to undergo visit there. 10. Neutral vessels convoyed by a ship of war shall be exempt from visit provided that the commander of the convoy declares in writing the character and cargo of the convoyed vessels in such a manner as will enable all information to be available which could be obtained by exercising the right of visit. If the naval officers in command have reason to think that the good faith of the commanding officer of the escort has been imposed upon, they will communicate to him their suspicion, so that he may on his own account make the necessary verifications and issue a written report. 11. The vessels or goods captured shall be brought to the nearest port in the kingdom, colonies, or territory occupied by Italy, or, this being impossible, to a port of an allied nation or occupied by the latter, or in case of absolute necessity to a neutral port. The vessels and goods shall there be placed at the disposal of the maritime and consular authorities as the case requires, together with a report of what has been done, accompanied by the respective declarations and documents. 12. When observance of the provisions of the preceding article may endanger the safety of the ship effecting the capture, or may interfere with the success of operations of war in which she is engaged, naval commanding officers may destroy the prize after providing for the safety of the persons on board and the ship's papers and manifests and of anything else which may help in deciding the legitimacy of the capture. The destruction of a prize must be justified in a special procès-verbal. By order of His Majesty's Lieutenant-General, Ministry of Marine: VIALE. |