AMENDMENTS OF THE PORTUGUESE DELEGATION TO THE PROPOSALS OF THE JAPANESE, SPANISH, BRITISH, AND RUSSIAN DELEGATIONS 1 1 In Article 30 of the British proposal replace the words "of a belligerent Power" with "of the belligerent Powers." 2 Add at the end of Article 2 of the Japanese proposal the following words: "With the view to prevent, so far as possible, a meeting or combat between these vessels." In Article 15 of the British draft, after the words "of a belligerent," add "in the course of an engagement.” The delegation thinks that Article 4 of the Japanese proposal is responsive to the questions put in Nos. II (last part), VI, XI and XII of the Questionnaire. 1 See annex 49. 2 [This change was made in the third meeting, July 27, of the second subcommission of the Third Commission on motion of Sir ERNEST SATOW. Ante, p. 591 [587].] It will be sufficient to add to the words war forces" these: " nor take on officers or men," and replace the words "other than" (third line) with the following words: "of damages resulting from a combat with the enemy or any others. except." Replace Article 4 of the British proposal and 7 of the Japanese proposal with the following article substantially: In general the neutral State should prevent by all the means in its power the belligerents from committing in its territorial waters acts which may constitute war assistance for the combating forces. Annex 51 AMENDMENT OF THE DELEGATION OF NORWAY TO THE QUESTIONNAIRE 1 Add a new question, thus worded: XVII. Is it necessary to apply the same rule to territorial waters as to neutral ports? [714] Annex 52 PROPOSITION OF THE DELEGATION OF BRAZIL 2 Insert in the Draft Convention the following article: War-ships in course of construction in the shipyards of a neutral country may be delivered with all their armament to the officers and crews appointed to receive them, when they have been ordered more than six months before the declaration of war. Annex 53 ARTICLES PRESENTED TO THE COMMITTEE OF EXAMINATION' Duration of stay in case of voluntary sojourn ARTICLE (11) In the absence of special provisions to the contrary in the law of a neutral State, belligerent ships are not permitted to remain in the ports, roadsteads, or territorial waters of the said State for a period of more than twenty-four hours except in the cases covered in the articles of the present Convention. 1 Annex 49. * Annex 55. See the Draft Convention, ibid. Notice to leave ARTICLE (12) If it is within the knowledge of a neutral Power that at the moment of the outbreak of hostilities a belligerent war-ship is in one of its ports or in its territorial waters, this Power must notify the said ship to depart within twentyfour hours, or within the time prescribed by local regulations. Interval between departures ARTICLE (15) When war-ships or merchant ships belonging to both belligerents are present together in a neutral port or roadstead, an interval of at least twenty-four hours must elapse between the departure of any one of the ships belonging to one of the belligerents and the departure of one of the ships belonging to the other belligerent. This interval may be increased according to circumstances by the maritime authority of the place with a view to prevent, so far as possible, a meeting or combat between these vessels. It is for the neutral State to decide which of the hostile vessels shall leave first, taking into account priority of request and the date of arrival. [715] Notice to be given to the belligerent ship before its entrance into the port ARTICLE (15) If a belligerent ship wishes to enter a neutral port or roadstead where a war-ship of the other belligerent State is already present, the local authorities should warn it of the presence of the hostile ship. Extension of the legal stay ARTICLE (13) No belligerent war-ship may prolong its legal stay in the ports and roadsteads or in the territorial waters of a neutral State except in case of enforced sojourn on account of bad weather, damage, or lack of provisions necessary for its security at sea. The said ship must quit the port, roadstead, or waters as soon as the cause of its arrival or its stay shall have ceased. Repair of damage In neutral ports, roadsteads, and territorial waters belligerent ships may only carry out such repairs as are absolutely necessary to render them seaworthy. They may not, under pretext of repairs, perform work calculated to add in any manner whatever to their fighting force. Annex 54 ARTICLES PRESENTED TO THE COMMITTEE OF EXAMINATION1 Acts of hostility Any act of hostility, including capture and the exercise of the right of search, committed by belligerent war-ships in the territorial waters of a neutral State, constitutes a violation of neutrality and is strictly forbidden. Prizes captured in neutral territorial waters ARTICLE (2) When a ship has been captured in the territorial waters of a neutral State, this State must take the necessary measures, if the prize is still within its jurisdiction, 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 State, the latter will address the belligerent Government, which must liberate the prize with its officers and crew. [716] Prize courts in neutral territory A prize court cannot be set up on neutral territory or on a vessel in neutral waters. Refusal of a prize to depart When a prize brought into a neutral port does not obey the order to depart, which is addressed to it and if the delay is not caused by stress of weather, the neutral Power must release it with its officers and crew and intern the prize crew. Supply of war materials by a neutral State ARTICLE 5 The supply, in any manner, directly or indirectly, by a neutral State to a belligerent Power, of war-ships, ammunition or war material of any kind whatever is forbidden. Responsibility of the neutral State for the conduct of its subjects ARTICLE (6) A neutral State is not bound to prevent the export of arms or munitions to a belligerent destination. Access of belligerent war-ships to neutral ports, roadsteads and waters ARTICLE (8) A neutral State may permit under determined conditions and even forbid, if it deems it necessary, belligerent war-ships or prizes to enter its ports or certain of its ports. The conditions, restrictions or prohibitions must be applied impartially to the two belligerents. A neutral State may forbid any belligerent ship which has failed to conform to the orders and regulations made by it, or which has violated neutrality, to enter its ports. Annex 55 (After the heading) FIRST DRAFT OF CONVENTION1 With a view to preventing the misunderstandings resulting from the uncertainty and instability of laws as well as from the application of divergent practices and usages, and in order to relieve neutral Powers from heavy and insupportable responsibilities; Seeing that, even if it is impossible at present to concert measures appli[717] cable to all circumstances which may in practice occur, it is nevertheless undeniably advantageous to frame rules of general application tending to give the respective national legislations the necessary stability, especially during the period of hostilities, to meet the case where war has unfortunately broken out between some of the signatory Powers, and further that it could not enter into the contemplation of the Powers that the cases not provided for in this Convention should, for the want of a written stipulation, be left to the arbitrary determination of those who direct military or naval forces; The high contracting Parties express the desire that in the exercise of their legislative independence reciprocally and formally recognized, the Powers will establish by national law the public rules of neutrality that they shall have declared. They recognize that the impartial application of this law to all the belligerent parties is the very principle of neutrality and that from this principle falls the reciprocal inhibition of changing or modifying their legislation on this subject while war exists between two or more of them, except in the case where experience might demonstrate the necessity of adopting measures more rigorous in order to safeguard the rights of neutrals. They declare that belligerents are bound to respect the sovereign rights of neutral States and to refrain, within the territory or waters of neutrals, from every act which, if it were accomplished with the express permission of the neutral Government, would constitute a violation of neutrality. To this end the high contracting Parties have agreed to observe the following common rules, to wit: ARTICLE 1 Any act of hostility, including capture and the exercise of the right of search, committed by belligerent war-ships in the territorial waters of a neutral State, constitutes a violation of neutrality and is strictly forbidden. ARTICLE 2 When a ship has been captured in the territorial waters of a neutral State, this State must take the necessary measures, if the prize is still within its juris 'See Annexes 63 and 65. |