[1177] EXEMPTION FROM CAPTURE OF COASTAL FISHING BOATS AND CERTAIN OTHER VESSELS IN TIME OF WAR Annex 49 PROPOSITION OF THE PORTUGUESE DELEGATION Coastal fishing boats 1 ARTICLE 1 The citizens or subjects of a belligerent State shall be permitted. to carry on the industry of coastal fishing by means of apparatus or boats suitable for this purpose in the territorial waters and in the usual fishing zone on the coasts of the country to which they belong. These boats may not, however, approach enemy war-ships or hinder in any manner whatever their tactical maneuvers or evolutions. ARTICLE 2 Boats engaged in deep-sea fishing as well as those which may happen to be, except under special circumstances caused by the sea and the wind, outside of the zones mentioned in the preceding article, shall be considered enemy merchant ships in all respects. ARTICLE 3 All fishing boats which, taking advantage of the immunities in Article 1, shall have entered into the service of a belligerent squadron and in that way shall have taken part in hostilities, shall be considered war-ships. ARTICLE 4 When the outcome of an immediate military operation requires it, fishing boats may be detained by the enemy for a certain period of time. Annex 50 PROPOSITION OF THE AUSTRO-HUNGARIAN DELEGATION Coastal fishing boats As is the case with coastal fishing boats, boats and barks engaged in the territorial waters of certain countries in the transportation of farm products or in small local business are exempt from capture. See annex 51. [1178] Only in cases where military reasons require may the said boats and barks be requisitioned, in consideration of an indemnity, in conformity with the provisions in force respecting war on land. REASONS This proposition contemplates only boats and barks of small dimensions intended for the transportation of farm products or of passengers along steep coasts or between the coast and islands lying in front of it, or in the archipelagoes, or, finally, in the channels of flat coasts. Without, on the one hand, causing any considerable damage to the commerce or resources of the enemy State, and without, on the other hand, bringing any advantage to the captor which is worth considering, the capture of these vessels would in reality only cause injury to the sailors, the islanders, or the inhabitants of the coast, all of whom are in a very precarious state of fortune, reduced as they are to the bare product of their trade. It would seem, therefore, to be required in the interest of humanity to prohibit the capture of the boats and barks in question, except in case of military necessity. But even in this last contingency capture should be allowed only in consideration of an indemnity. Except for these humanitarian sentiments, capture of the said vessels would clearly seem to be illogical, if this measure is considered from the standpoint of the principles governing war on land. For, if the coast should be occupied by land forces, the boats and barks in question, being private property, necessarily are exempt from capture, and may, at most, be requisitioned. Also it is impossible to find a logical reason which might be invoked to justify naval forces that have occupied territorial waters to proceed to capture or even to destroy the said vessels, without deriving any advantage therefrom. Annex 51 PROPOSITION OF THE PORTUGUESE DELEGATION Amendment to its proposition concerning coastal fishing boats1 Vessels actually engaged in coastal fishing operations within the usual zone or engaged in small coastal business are exempt from capture. This exemption ceases to apply whenever there is reason to suspect any participation in hostilities, such as refusal to obey the injunctions of a belligerent forbidding temporarily their approaching a certain zone, transportation of contraband, espionage, the fact of being armed or of having on board apparatus or signals which are not in use amongst fishermen. 1 Annex 49, supra. Annex 52 [1179] PROPOSITION OF THE BRITISH DELEGATION Amendment to the Austro-Hungarian Proposition concerning the treatment to be accorded coastal fishing barks A belligerent is forbidden to make use of fishing barks belonging to his own subjects or citizens for the transportation of munitions of war, or to collect or transmit information as to the movements of the enemy, or to arm them for attacking the enemy. A belligerent is likewise forbidden to employ enemy coastal fishing boats, which he may have requisitioned, for the purposes enumerated in the foregoing paragraph. Annex 53 PROPOSITION OF THE NORWEGIAN DELEGATION Amendment to the Austro-Hungarian Proposition 1 1 In case military reasons require, the said boats and barks may be requisitioned in consideration of an indemnity equivalent to the entire value of the boat or the bark increased by 10 per cent. This indemnity shall, so far as possible, be paid in cash; if not, it shall be evidenced by a receipt. Requisition shall not be claimed except under the authorization of the commanding officer of the naval force present. Annex 54 DRAFT PROVISION ELABORATED BY MR. FROMAGEOT Relative to fishing boats Fishing boats engaged exclusively in coastal fishing or in small local business are exempt from capture, as well as their gear, appliances, and apparatus. This exemption ceases to be applicable to them the moment they take part in any way in hostilities. If military reasons require, the said boats may be ordered away by the belligerent, or may be temporarily detained or requisitioned in consideration of an indemnity. Boats thus requisitioned may in no case be used in battle. 1 Annex 50, supra. [1180] Annex 55 PROPOSITION OF THE JAPANESE DELEGATION Amendment to the draft provisions concerning immunities for coastal fishing barks,1 elaborated by Mr. Fromageot. Add as a last paragraph: Belligerents are forbidden to make use of fishing barks for military purposes under the disguise of their peaceful character. Annex 56 PROPOSITION OF THE ITALIAN DELEGATION Vessels engaged in scientific, religious, and philanthropic missions Enemy ships engaged in scientific, religious, and philanthropic missions shall not be captured. The State to which the vessel belongs must notify the opposing State to this effect, which latter shall furnish a safe-conduct indicating the conditions of exemption and shall take the necessary steps to assure its being duly respected. Annex 57 DRAFT PROVISIONS Relative to the exemption from capture of coastal fishing boats and certain other vessels in time of war ARTICLE 1 Vessels used exclusively for fishing along the coast or small boats employed in local trade are exempt from capture, as well as their appliances, rigging, tackle, and cargo. They cease to be exempt as soon as they take any part whatever in hos tilities. The contracting Powers agree not to take advantage of the harmless character of the said vessels in order to use them for military purposes while preserving their peaceful appearance. ARTICLE 2 Vessels charged with religious, scientific, or philanthropic missions are likewise exempt from capture. |