In order to be binding, a blockade must be effective, declared, and notified. ARTICLE 2 A blockade is effective when it is maintained by naval forces that are really sufficient to prevent passage, and so stationed as to render it clearly dangerous for vessels to attempt to run the blockade. A blockade is not considered as lifted if bad weather forces the blockading vessels to leave their stations temporarily. ARTICLE 3 The declaration of blockade must indicate the exact time that the blockade begins, its limits by longitude and latitude, and the period within which neutral vessels which entered the port before the beginning of the blockade are permitted to leave. ARTICLE 4 The declaration must be notified to the authorities of the blockaded place and the Governments of neutral States. If such notice has not been given, or if a vessel approaching the blockaded port proves that it was not aware of the blockade, notice must be given to the vessel itself by an officer of one of the blockading vessels, and registered on the ship's papers. ARTICLE 5 A vessel may not be seized as guilty of violation of blockade except at the time that it attempts to break through the lines of an obligatory blockade. ARTICLE 6 Vessels are permitted to enter a blockaded port in case of distress, which must be verified by the commanding officer of the blockading fleet. ARTICLE 7 A vessel seized for violation of blockade may be confiscated, as well as its cargo, unless the owner of the latter proves that the attempt to violate the blockade was made without his knowledge. [1168] Annex 35 PROPOSITION OF THE DELEGATION OF THE UNITED STATES Amendments to the proposition of the Italian Delegation concerning Blockade1 ARTICLE 3 Omit the words "by longitude and latitude." ARTICLE 5 Omit the article and substitute: Any vessel which, after a blockade has been duly notified, sails for a port or a place that is blockaded, or attempts to force the blockade, may be seized for violation of the blockade. Annex 36 PROPOSITION OF THE BRAZILIAN DELEGATION 1 Amendment to the Italian Proposition of Blockade 1 1. A blockade is effective, under the conditions stipulated in the Italian proposition (Article 2), only when it is limited to ports, roadsteads, anchorages, bays or other landing places on the enemy shore, as well as places giving access thereto. 2. The Conference shall fix a certain number of miles, calculated from the coast, at low tide, or from an imaginary line between the extremities of the port or of the bay, as well as from the said extremities along the coast, in order to limit the area within which the blockading fleet shall carry on blockade operations. 3. When a vessel is captured within these limits, the above-mentioned conditions having been fulfilled, no question as to the effectiveness of the blockade may be raised. 4. Notice as provided in Article 4 of the Italian proposition shall, in all cases, be presumed to be known, unless the contrary is proved, to vessels which have left ports within the jurisdiction of the notified Government seven whole days after the date of the said notice. 5. Changes in the blockade must likewise be notified and shall not bind neutrals unless the geographical limits are indicated in accordance with the provision above (Article 2). 'Annex 34. [1169] Annex 37 PROPOSITION OF THE BRITISH DELEGATION Amendments to the Proposition of the Italian Delegation concerning Blockade 1 ARTICLE 2, PARAGRAPH 1 Substitute the word "real" for "evident." ARTICLE 3 See amendment proposed by the delegation of the United States of America." ARTICLE 4, PARAGRAPH 2 Substitute the words "a neutral vessel approaching" for "the vessel approaching." ARTICLE 5 See amendment proposed by the delegation of the United States of America." Annex 38 PROPOSITION OF THE NETHERLAND DELEGATION Amendment to the Italian Proposition on Blockade1 NEW ARTICLE 3, PARAGRAPH 2 The declaration of blockade can be notified by a belligerent only with respect to an enemy coast-line. 1 Annex 34. 2 Annex 35. [1170] Annex 39 DESTRUCTION OF NEUTRAL PRIZES PROPOSITION OF THE BRITISH DELEGATION Destruction of neutral prizes Destruction of a neutral prize by the captor is prohibited. The captor must release all neutral vessels that he is unable to bring before a prize court. Annex 40 PROPOSITION OF THE RUSSIAN DELEGATION Destruction of neutral prizes Believing that the absolute prohibition of the destruction of neutral prizes by belligerents would bring about a situation of striking inferiority in the case of Powers that have no naval bases except on their own coasts, and being of the opinion that all international agreements should be founded upon the principle of reciprocity and equal opportunity, The Imperial delegation of Russia submits to the consideration of the Fourth Commission the following draft of a provision relating to the destruction of prizes, a provision which seems to it to take into account all the interests at stake: The destruction of a neutral prize is prohibited except in cases where its preservation might endanger the safety of the capturing vessel or the success of its operations. The commanding officer of the capturing vessel may exercise the right of destruction only with the greatest discretion, and must take care to tranship beforehand the crew, and, in so far as possible, the cargo, and in all cases preserve all the ship's papers and all other articles that are necessary for a prize decision and for the fixing of the indemnities to be granted to neutrals, if occasion requires. It is thoroughly understood that in case the seizure or destruction of neutral prizes is recognized as illegal by a prize court or by the competent authorities, the interested parties have a right to bring action for damages. [1171] Annex 41 PROPOSAL OF THE DELEGATION OF JAPAN 2 Amendment to the British and Russian Proposals on the destruction of neutral vessels Destruction of a neutral prize by the captor is prohibited. The captor must release all neutral vessels that he is unable to bring before a prize court. However, the rule is subject to the following exceptions: (a) If the vessel is in the military service of the enemy or under his control for military or naval purposes. (b) If the vessel offers forcible resistance to search or capture. (c) If the vessel attempts to escape search or capture by taking to flight. 1 Annex 39. * Annex 40. Annex 42 PROPOSITION OF THE DELEGATION OF THE UNITED STATES Destruction of neutral prizes If for any reason whatever a captured neutral vessel cannot be brought to adjudication, such vessel must be released. Annex 43 PROFESSOR HOLLAND'S LETTERS ON THE DESTRUCTION The Times, August 17, 1904. RUSSIAN PRIZE LAW TO THE EDITOR OF THE Times Sir: From this hilltop I observe that, in the debate of Thursday last, Mr. GIBSON BOWLES, alluding to a letter of mine which appeared in your issue of August 6, complained that I "had not given the proper reference [1172] Lord STOWELL'S judgments. Mr. BoWLES seems to be unaware that in referring to a decided case the page mentioned is, in the absence of any indication to the contrary, invariably that on which the report of the case commences. I may, perhaps, also be allowed to say that he, in my opinion, misapprehends the effect of the passage quoted by him from the Felicity, which decides only that, whatever may be the justification for the destruction of a neutral prize, the neutral owner is entitled, as against the captor, to full compensation for the loss thereby sustained. I am, Sir, Your obedient servant, T. E. HOLLAND. EGGISHORN, VALAIS, SUISSE, Aug. 14. The Times, August 30, 1904. RUSSIAN PRIZE LAW TO THE EDITOR OF THE Times. Sir: Mr. GIBSON BOWLES has, I find, addressed to you a letter in which he attempts to controvert two statements of mine by the simple expedient of omitting essential portions of each of them. 1. pp. II. I had summarized the effect, as I conceive it, of the group of cases above mentioned in the following terms: "Such action is justifiable only in cases of the gravest importance to the captor's own State, after securing the ship's papers, |