What is Contraband of War ?

Huntly Press and District Gazette, Volume 3, 23 October 1914, Page 2

What is Contraband of War ?

A VEXED QUESTION. [From “[Life’s ” War Guido.] Contraband of war are goods the import of which into a belligerent state is interdicted, either by international law, or by speci e I pro elamation by the other belligerent, What is contraband of war depends to some extent, upon circumstances. It is generally admitted that arms, ammunition, and articles primarily manufactured .or use in war, such as military waggons an 1 uniforms, are contraband. There, is always much more doubt about such articles as are produced for purposes of peace as well as of war. About things that can only be used for peaceful purposes no doubt at all exists : they can be liable to seizure and condemnation only for violation of a blockade. Of the class of things of ambiguous purpose, coal has become the most important. The doctrine of “ contraband by destination ” has in consequence grown up, and it is not the substance so much as the destination of an article of this class, that condemns it. Provisions have been brought into the same category.

The only means, perhaps, of determining what is and what is not at present contraband is an examination of the list of articles which have been included as such in treaties. In agreements of the United States with Italy, Holland, Sweden, Spain, Prussia, France, Brazil, Chili, etc., all arms and ammunition, materials for making them, horses and their furniiure are expressly enumerated, and are declared contraband. Ail other merchandise is declared free, unless it he destined for a place which is being besieged or blockaded. In spite of this enumeration, naval stores and horses are still in a doubtful position. The former are excluded in the treaties with Holland, Norway, Sweden, and Spain, but included among contraband in the treaty of 1794 with Great Britain. The latter are excluded in the treaties with Prussia, France, and Great Britain.

During the Russo-Japanese War the Russian Government proclaimed cc?h provisions, cotton, rail wiry material, afid most ironworl A contraband; but against this the British Government protested. In the case of foods-stuffs and certain other articles, the Russians finally accepted the British contention that such articles were not absolute, but only conditional, contraband. Russian cruisers also asserted the right to seize any coal-laden ship in Far Eastern waters, whatever her destination. They even went as far as to sink a neutral ship, which they declared carried contraband, instead of taking her into port a„nd condemning her there before a prize court according to established international practice.