and subject to the right of the neutral owners to receive full compensation.” Here, again, while purporting to quote me, Mr. BowLES omits the all-important words now italicized. I am, however, maltreated in good company. Mr. BOWLES represents Lord STOWELL as holding that destruction of neutral property cannot be justified, even in cases of the gravest importance to the captor's own State. What Lord STOWELL actually says, in the very passage quoted by Mr. BOWLES, is that "to the neutral it can only be justified, under any such circumstances, by a full restitution in value." I would suggest that Mr. BOWLES should find an opportunity for reading in extenso the reports of the Acteon and the Felicity, as also for re-reading the passage which occurs at p. 386 of the latter case, before venturing further into the somewhat intricate technicalities of prize law. 1 [1173] PROTECTION OF POSTAL CORRESPONDENCE AT SEA Annex 44 PROPOSITION OF THE GERMAN DELEGATION Protection of postal correspondence at sea Postal correspondence shipped by sea is inviolable, whatever its character, official or private, and whether it is the correspondence of neutrals or of belligerents. In case of the seizure of the vessel carrying this correspondence, provision shall be made to forward it by the quickest route possible. ARTICLE 2 Apart from the inviolability of postal correspondance, mail steamers are subject to the same principles as other merchant ships. Nevertheless belligerents shall abstain, in so far as possible, from exercising the right of search with respect to them, and the search shall be pursued with as much consideration as possible. [1174] THE CREWS OF ENEMY MERCHANT SHIPS CAPTURED BY A BELLIGERENT Annex 45 PROPOSITION OF THE BRITISH DELEGATION 1 Draft Regulations concerning the neutral members of a belligerent crew When a merchant ship of the enemy, which is sailing on a purely commercial mission, is captured by a belligerent, the members of its crew who are subjects or citizens of a neutral Power shall not be made prisoners of war. The same rule shall apply in the case of officers who fulfill the same conditions, if their engagement was prior to the outbreak of hostilities and if they formally promise not to continue to serve on an enemy vessel while the war lasts. Annex 46 PROPOSITION OF THE BELGIAN DELEGATION 2 Amendment to the British Proposition relative to the crews of enemy merchant ships captured by a belligerent When a merchant ship of the enemy which is sailing on a purely commercial mission is captured by a belligerent, the members of its crew are not made prisoners. They are landed as soon as circumstances permit, and are set free upon their promise not to serve against the capturing belligerent as long as hostilities last. The Government of which they are citizens or subjects is required not to demand of them and not to accept from them any service contrary to their pledged word. [1175] Annex 47 PROPOSITION OF THE BRITISH DELEGATION 'Amendment to its proposition concerning the neutral members of a belligerent crew 2 When a merchant ship of the enemy which is sailing on a purely commercial mission is captured by a belligerent, the captain and the members of its crew See annex 47. Annex 45, supra. shall not be made prisoners of war, on condition that they promise under oath not to serve against the capturing belligerent as long as hostilities last. Thus, the neutral member of the crew must promise not to serve on board an enemy vessel, whether merchant vessel or war-ship; an enemy member of the crew, on the other hand, must promise not to render any service connected with the hostilities for the belligerent State of which he is a subject or citizen. A belligerent State is forbidden knowingly to employ an individual in violation of such a promise. Annex 48 PROPOSITION OF THE BRITISH AND AUSTRO-HUNGARIAN Draft Regulations concerning the crews of enemy merchant ships captured by a belligerent When an enemy merchant ship which is sailing on a purely commercial mission is captured by a belligerent, the neutral members of its crew shall not be made prisoners of war. The same rule shall apply in the case of the captain and officers, if they are subjects or citizens of a neutral Power, provided they formally promise in writing1 not to serve on an enemy vessel while the war lasts. The captain and the officers and the members of the crew who are enemy subjects or citizens shall not be made prisoners of war on condition that they engage by formal written promise not to undertake any service connected with the war operations while hostilities last. A belligerent State is forbidden knowingly to employ an individual who has been released under the above-mentioned conditions. [1176] Annex 48 a Draft Regulations on the status of the crews of enemy merchant ships captured by a belligerent ARTICLE 1 When an enemy merchant ship is captured by a belligerent, such of its crew as are subjects or citizens of a neutral Power are not made prisoners of war. The same rule applies in the case of the captain and officers likewise subjects or citizens of a neutral Power, if they promise formally in writing not to serve on an enemy ship while the war lasts. 'The words "in writing" were added to the draft on the proposal of Mr. FUSINATO (minutes of the seventh session of the committee of examination). ARTICLE 2 The captain, officers, and members of the crew, when enemy subjects or citizens, are not made prisoners of war, on condition that they make a formal promise in writing, not to undertake, while hostilities last, any service connected with the operations of war. ARTICLE 3 The names of the persons retaining their liberty under the conditions laid down in Article 1, paragraph 2, and in Article 2, are notified by the belligerent captor to the other belligerent. The latter is forbidden knowingly to employ the said persons. ARTICLE 4 The preceding provisions do not apply to ships taking part in the hostilities. |