PUBLIC INTERNATIONAL LAW (Cruz)

CHAPTER 16: Treatment of Aliens

* every state has the right, as inherent in sovereignty
and essential to its own security and existence, to
determine in what cases and under what conditions
foreigners may be admitted to its territory
* once it decides to accept them, its competence as
territorial soveriegn as limited by the requirement that
they be treated justly, in accordance with the law of
nations
* the alien canot as a rule claim a preferred position vis-
a-vis the national of the state where he is at best only a
guest
* the foreigner may not enjoy the right to vote, to run for
public office, to exploit natural resources or to engage in
certain businesses regarded as vital to the interests of
the local state
* the foreigner must accept the institutions of the local
state
* state is not an insurerof the life or property of the alien,
whe he is within its territory
* the foreigner is expected to take the customary
precautions for the protection of his own rights and to
avail himself of the usual remedies when these rights
are violated
THE DOCTRINE OF STATE RESPONSIBILITY
* instances when an alien can claim a more favored
position than the national of the local state and hold the
state liable for injuries committed against him while
within its territory
* a state may be held responsible for:
a. international deliquency
b. directly or indirectly imputable to it
c. which causes injury to the natonal of another
state
* liabilty will attach to the state where its treatment of
alien falls below the international standard of justice or
wgere it remiss in according him the protection or
redress that is warranted by the circumstances
* !"#$%&": assure the traveler that when his rights
are violated in a foreign state, he will not be denied any
remedy simply because he is not one of its nationals
* encourage more intercourse among the
peoples of the world through inter-visitation of their
respective countries
THE INTERNATIONAL STANDARD OF !STICE
* 'tandard of th reasonable state, that is, as referring to
the ordinary normsof official conduct observed in
civili(ed jurisdictions.
* )&#$*%"+ & +,!-.%$/ & $*+-$0+"$ 1 where
the laws of state fall below the international standard of
justice, it is no defense that they are applicable not inly
to aliens but as well, and equally, to the nationals of that
state. $he relations of that state with ots own nationals
are purely municipal2 international law is involved in its
relations with the nationals of other states.
FAIL!RE OF PROTECTION OR REDRESS
* state may be held liable if it does not make reasonable
efforts to prevent injury to the alien or, having done so
unsuccesfully, fails to repair such injury.
* degree of diligence required
* responsibility does not immediately attach to the state
upon a showing of a failure to prevent or redress an injury
to aliens
* distinction must be made between direct and inirect state
responsibility
a. where the imternational delinquency was
committed by superior government officials or organs,
liability will attach immediately as their acts may not be
effectively prevented or reversed under the constitution
and laws of the state
b. where the offense is committed by inferior
government officials or, more so, by private individuals,
the state will be held liable only if, by reason of its
indifferencein preventing or pushing it, it can be
considered to have conived in effect in its commission
E"HA!STION OF LOCAL RE#EDIES
* the liability of the state for an international delinquency,
its enforcemnet cannot be claimed by the injured foreigner
unless, he first exhausts all available local remedies for
the protection or vindication of his rights
* state must be given an opportunity to do justice in its
own regular way and without unwarranted interference
with its sovereignty by other states
* this requirement may be dispensed with, however, if
there are no remedies to exhaust, as where the laws are
intrinsically defective or there is laxity or arbitrariness in
their enforcement or where the courts are corrupt or where
there is no adeqaute machinery for the administration of
justice
* there would be "& remedy available from 3acts of state4
which are not subject to judicial review
RESORT TO DIPLO#ATIC PROTECTION
* if the injured foreigner has exhausted all the local
remedies but without success, he may then avail himself
of the assistance of his states 1 but only if he has a state.
&therwise, he will have no party to represent him, and he
by himself, being a mere individual, cannot institute his
claim in his own name.
* any injury to an alien is a violation not of his own
personal rght but of the right of his state to hacve its
nationals protected but of the right of his state to have its
nationals protected whenever they are in a foreign country
* where the injured alien is stateless, his case will be one
of )-""!0 -5',!+ %"6!*%- and cannot be subject of
diplomatic protection
* tie of nationality 1 required to exist from the time of the
injury until the time the international claim is finally settled.
&nce the tie is broken, the claim itselfis deemed
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automatically abated. %f, the injured national dies while
the claim is under consideration and it should happen
that his hers are not nationals of the claimant state, the
calim will lapse
ENFORCE#ENT OF CLAI#
* an international claim for damages may be resolved
through negotiation or, if this fails, any of the other
methods of settling disputes
* in the event that the responsibility of the state is
established or acknowledged, the duty to make
reaparation will arise. 'uch reparation may take the
form of *+'$%$!$%&" or '-$%'-#$%&" or
#&07+"'-$%&".
A$OIDANCE OF STATE RESPONSIBILITY
* to avoid the intervention of the alien8s state in
contracts, the local state sometimes incorporates
therein what is known as the #-.9& #.-!'+
* #alvo #lause 1 stipulation by which the alien
waives or restricts his right to appeal to his own state in
connection with any claim arising from the contract and
agrees to limit himself to the remedies available under
the laws of the local state.
* calvo clause may be enforced as a lawful
condition of the contract. :owever, may not be
interpreted to deprive the alien8s state of the right to
protect or vindicate his interests in case they are injured
in another state as such waiver can legally be made not
by him but by his own state
E"CL!SION OF ALIENS
* the state may also avoid liability to aliens by refusing
their admission, but this is not regarded as sound policy
since it would provoke retaliation in kind and ultimately
isolate its nationals from the rest of the international
community
* )+7&*$-$%&": the removal of an alien out of
the country, simply because his presence is deemed
inconsistent with the public welfare and without any
punishment being imposed or contemplated, either
under the laws of the country out of which he is sent, or
under those of the country to which he is taken
* +;#.!'%&": denial of entry to an alien
DEPORTATION E"TRADITION
!nilateral act if the local
state
+ffected at the request of
the state of origin
5ased on causes arising in
the local state
5ased on offenses
generally committed in the
state of origin
!ndesirable alien may be
deported to a state other
than his own or the state
of origin
#alls for the return of the
fugitive to the state of
origin
Basis of E%tra&ition
* $he extradition of a person is required only if there is a
treaty between the state of refuge and the state of origin
* in the absence of a treaty 1 local state has every right to
grant asylum to the fugitive and to refuse to deliver him
back to the latter state even if he is a national
F'n&amental Prin(i)les of E%tra&tition
<. extradition is based on the consent of the state of
asylum
=. 7rinciple of specialty 1 a fugitive who is extradited may
be tried only for the crime specified in the request for
extradition and included in the list of offenses in the
extradition treaty
>. any person may be extradited
?. political and religious offenders are generally not
subject to extradition
@. in the absence of a special agreement, the offense
must have been committed within the territory or against
the interests of the demanding state
A. *ule of double criminality - the act for which the
extradition is sought must be punishable in both the
requesting and requested states
Pro(e&'re of E%tra&ition
* if the surrender of a fugitive is sought, a request for his
extradition is presented through diplomatic channels to the
state of refuge
* this request will be accompanied by the necessary
papers relative to the identity of the wanted person and
the crime he is alleged to have committed or of which he
has already been convicted
* upon receipt of request, the state of refuge will conduct a
judicial investigation to ascertain if the crime is covered by
the extradition treaty and if there is a prima facie case
against the fugitive according to its own laws
CHAPTER 1+
SETTLE#ENT OF INTERNATIONAL DISP!TES
* )%'7!$+ 1 exists when one state claims that another
state should have behave in a certain manner and that
claim is rejected by the latter
* actual disagreement between states regarding
the conduct to be taken by one of them for the protection
or vindication of the interests of the other
* '%$!-$%&" 1 initial stage of a dispute
* )ispute is .+B-. 1 involves a justiciable rights based on
law or fact susceptible of adjudication by a judicial or
arbitral tribunal.
* )ispute is 7&.%$%#-. 1 if it cannot be decided by legal
processes on the basis of the substantive rules of
international law because the differences of the parties
spring from animosities in their mutual attitudes rather
than from an antagonism of legal rights
* the solution to such a disputes lies not in the councils of
the courts but in the corridors of diplomacy
#et,o&s of settlin- &is)'tes
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* disputes are required to be settled, conformably to one
of the basic principle of the !", 3by peaceful means in
such a manner that international peace and security,
and justice are not endangered
Ami(a.le #et,o&s
<. "egotiation 1 generally the first step taken in the
settlement of an international dispute is the discussion
undertaken by the parties themselves of their respective
claims and counterclaims with a view to their just and
orderly adjustment.
* where the talks prosper and agreement is
reached, it is usually formali(ed in a treaty or more
directly effected through the rectification of the injury
caused to the claimant state
=. %nquiry 1 investigation of the points in question, on the
theory that their education will contribute to the solution
of the differences between the parties.
>. Bood &ffices 1 method by which a third party
attempts to bring the disputing states together in order
to enable them to discuss the issues in contention and
arrive at an agreement
?. 0ediation 1 third party does not merely provide the
opportunity for the antagonists to negotiate but also
actively participates in their discussions in order to
reconcile their conflicting claims and appease their
feelings of resentment
@. #onciliation 1 active participation of a third party in
the attempt of the disputants to settle their conflict, and
the recommendations made by it are likewise not
binding.
A. -rbitration 1 solution of a dispute by an impartial third
party, usually a tribunal created by the parties
themselves under a charter known as the #&07*&0%'
C. 6udicial 'ettlement 1 the nature of its proceedings
and the binding character of the decisions but also in
the fact that the disputes submitted for adjudication are
legal rather than political
ARBITRATION !DICIAL SETTLE#ENT
-rbitral tribunal is an ad
hoc body created and filled
by the parties to the
dispute themselves
6udicial tribunal is a pre-
existing and permanent
body
'ubmission to arbitration
is voluntary
6urisdiction - compulsary
-rbitration proceedings -
limited
$he law applied by the
tribunal in judicial
settlement is independent
of the will of the parties
* the jurisdiction of the court is not compulsory but
dependent on the agreement of the parties to submit to
and be bound by its decisions. 'uch consent may be
manifested in a treaty containing what is called the
3compromissary clause4
D. -#$%&" 5/ *+B%&"-. &*B-"%E-$%&"' 1
resorted to by the parties at their own volition or taken by
the body itself at its own instance if allowed by agreement
of the members
Hostile #et,o&s
<. %"$+*9+"$%&"
=. *+$&*'%&"' 1 retaliation where the acts complained
of do not constitute a legal ground of offense but are
rather in the nature of unfriendly acts but indirectly hurtful
to other states
>. *+7*%'-.' 1 act of self-help on the part of the injured
state, responding after an unsatisfied demand to act
contrary to international law on the part of the offending
state
*they aim to impose on the offending state
reparation for the offense or the return to legality in
avoidance of new offenses
*#ommon forms of reprisals
<. display of force
=. occupation of territory
>. pacific blockade
T,e !nite& Nations
* !nited nations may be asked or may decide on its own
authority to take a hand in its settlement.
* the security council shall have the jurisdiction to
intervene in2
a. all disputes affecting international peace and
security
b. all disputes which, have been submitted to it by
the parties for settlement
* such disputes may be brought to it by:
a. the security council, on its own motion
b. the general assembly
c. any member of the united nations
d. the secretary general
e. any party to the dispute, provided that in the
case of non-members of the !", they should accept in
advance, for the purposes of the dispute, the obligations
of pacific settlement under the #harter
$he 'ecurity #ouncil may recommend appropriate
measures or methods of adjustment, taking into
consideration:
a. -ny amicable measures already adopted by
the parties
b. $hat legal disputes should as a rule be
referred to the %nternational #ourt of 6ustice
*Fhere the terms of settlement are rejected by the parties,
the 'ecurity #ouncil is empowered to take more drastic
steps
a. 7*+9+"$%9+ -#$%&" 1 it may adopt such
measures not involving the use of armed force
b. +"&*#+0+"$ -#$%&"
CHAPTER 1/
0AR
*F-* 1 armed contention between the public forces of
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states or other belligerent communities, implying the
employment of violence among the parties as a means
of enforcing their respective demands upon each other
* Far may exist even without the use of force
O'tla1r2 of 1ar
* war was originally accepted as a legitimate means of a
compulsion, that it was a reaction to an international
delict
* in only = instances is the use of force allowed:
<. exercise of the inherent right of self-defense
=. enforcement action
Ho1 are t,e a-reements enfor(e&3
*the commonly accepted sanctions are:
a. protest lodged by one belligerent, usually
accompanied or followed by an appeal
b reparation for damages is cause by the defeated
belligerent
c. punishment of war criminals
Commen(ement of 1ar
* Far is supposed to commence on the date specified in
the declaration or on the date it is communicated to the
enemy
* formality is often not observed as evidenced by the
number of wars that have broken out without the
3previous and explicit warning4 required
* commence from the moment of the first act of force
committed by one state with the intent of making war or
committed without such intent but considered by the
other state as constituting war
Effe(ts of t,e O't.rea4 of 0ar
<. the laws of peace cease to regulate the relations of
the belligerent and are superseded by the laws of war
=. diplomatic and consular relations between the
belligerents are terminated and their respective
representatives are allowed to return to their own
countries
>. treaties of a political nature are automatically
cancelled, but those which are precisely intended to
operate during war are activated
?. individuals are impressed with enemy character
a. nationality test 1 if they are nationals of the
other belligerent wherever they may be
b. domiciliary test 1 if they are domiciled aliens
in the territory of the other belligerent, on the
assumption that they contribute to its economic
resources
c. activities test 1 if being foreigners they are
nevertheless participate in the hostilities in favour of the
other belligerent
*corporations and other juridical persons are regarded
as enemies if a majority or a substantial portion of their
capital stock is in the hands of enemy national or if they
have incorporated in the territory or uner the laws of the
other belligerent
@. enemy public property found in the territory of the other
belligerent at the outbreak of hostilities is subject to
confiscation
Com.atants an& non5(om.atants
*#ombatants 1 those who engage directly in the hostilities2
may lawfully wage war and are thus subject to direct
attack from the enemy
*"on-#ombatants 1 those who do not engage directly in
the hostilities2 should not be subjected to attack as they
are not supposed to participate in the actual fighting
* $he following are regarded as combatants:
<. members of the armed forces
=. irregular forces
a. they are commanded by a person responsible
for his subordinates
b. they wear a fixed and distinctive sign
recogni(able at a distance
c. they carry arms openly
d. they conduct their operations in accordance
with laws and customs of war
>. levee en masse 1 the inhabitants of unoccupied territory
who, on the approach of the enemy, spontaneously take
arms to resist the invading troops without having had time
to organi(e themselves
?. officers and crew of merchant vessels who forcibly
resist attack
Con&'(t of Hostilities
* three basic principles underlie the rule of warfare
<. principle of military necessity 1 employ any
amount and kind of force to compel the complete
submission of the enemy with the least possible loss of
lives, time and money
=. principle of humanity 1 use of any measure that
is not absolutely necessary for the purposes of war
>. principle of chivalry 1 those that require the
belligerents to give proper warning before launching a
bombardment or prohibit the use of perfidy in the conduct
of the hostilities
* an individual can only be considered a spy if, acting
clandestinely or under false pretenses, he obtains or
seeks to obtain information in the (one of operations if a
belligerent
*spies are subject to the municipal law of the other
belligerent
* a spy taken in the act cannot be punished without
previous trial
6in&s of 0arfare
* warfare may be waged on .-") or '+- or in the -%*,
separately or simultaneously
* most of the rules on aerial warfare have become
obsolete and need to be revised to make them conform to
present realities
* as for naval warfare, the most serious difficulties lie in th
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disagreement among states as to whether armed
merchant vessels are subject to direct attack
*one important rule is that booty or personal
property found in the battlefield is subject to confiscation
by the belligerent occupation except only the personal
belongings of the individual combatants which have no
military value.
$:+-$*+ & F-*: place where the hostilities are
actually conducted
*+B%&" & F-*: greater area where the belligerents
may lawfully engage each other
Belli-erent O((')ation
* territory is deemed occupied when it is actually placed
under the authority of the hostile army, but this
occupation is limited only to the area where such
authority has been established and can be effectively
exercised. %t is not necessary that every square foot of
the territory in question be actually occupied
* 5elligerent occupation does not result in transfer or
suspension of the sovereignty of the legitimate
government although it may at the moment be unable to
exercise it. $he belligerent occupant cannot perform
such acts as declaring the independence of the
occupied territory or requiring its inhabitants to renounce
their allegiance to the lawful government
* the belligerent is required to restore and ensure public
order and safety while respecting, unless absolutely
prevented, the laws in force in the country.
* the belligerent occupant may promulgate new laws,
non-political as well as political, provided they do not
contravene the general accepted principles of
international law. $he political laws are automatically
abrogated upon the end of the occupation but the non-
political laws may continue even beyond the occupation
unless they are expressly repealed or modified by the
legitimate government
* it is permitted for the belligerent occupant to introduce
military currency, provided the purpose is not to debase
the countryGs economy
* private property cannot be confiscated, but those
susceptible of military use may be sei(ed, subject to
restoration or compensation when peace is made
* the property of municipalities and of institutions
dedicated to religion, charity and education, and the arts
and sciences, even when state owned, shall be treated
as private property and their destruction is expressly
forbidden
* the army of occupation can only take possession of
cash, funds and reali(able securities which are strictly
the property of the state, depots of arms, means of
transport, stores and supplies, and generally movable
property belonging to the state which may be used for
military operations
*the occupying state shall be regarded only as
administrator and usufructuary of public buildings, real
estate, forest, agricultural estates belonging to the
hostile state and situated in the occupied territory
Postlimini'm
* persons or things taken by the enemy are restored to the
former state on coming actually into the power of the
nation to which they belong
* 6!' 7&'$.%0%"%!0 1 reinstatement of the authority of
the displaced government once control of the enemy is
lost over the territory affected
* upon the end of a belligerent occupation, the laws of the
re-established government are revived and all acts taken
by the belligerent occupant which it could not legally do
under the law of nations, as well as lawful acts of a
political complexion, are invalidated
Non5Hostile Inter(o'rse
FLA7 OF TR!CE 8 white flag carried by an individual
authori(ed by one belligerent to enter into communication
with the other
CARTELS 8 agreements to regulate intercourse during
war on matters as postal and telegraphic communication
PASSPORT 8 written permission given by the belligerent
government or its authori(ed agent subjects of the enemy
state to travel generally in belligerent territory
SAFE5COND!CT 8 pass given to an enemy subject or to
an enemy vessel allowing passage between defined
points
SAFE7!ARD 8 protection granted by a commanding
officer either to enemy persons or property within his
command
LICENSE OF TRADE 8 permission given by the
competent authority to individuals to carry on trade even
though there is a state of war
S's)ension of Hostilities
* S!SPENSION OF AR#S 8 temporary cessation of the
hostilities by arrangement of the local commanders for
such purposes as the gathering of the wounded and the
burial of the dead.
* AR#ISTICE 8 suspension of all hostilities within a
certain area or in the entire region of war agreed upon by
the belligerent governments usually for the purpose of
arranging the terms of the peace
AR#ISTICE S!SPENSION OF AR#S
7urpose: political 7urpose: military
0ay be concluded by the
commanders-in-chief
0ay be agreed upon by
the local commanders
!sually in writing 0ay be oral
* CEASEFIRE 8 unconditional stoppage of hostilities by
order of an international body
* TR!CE 8 regarded as ceasefire with conditions attached
* CAPIT!LATION 8 surrender of military forces, places or
districts in accordance with the rules of military honor
Termination of 1ar
<. cessation of hostilities
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PUBLIC INTERNATIONAL LAW (Cruz)
=. conclusion of a negotiated treaty of peace
>. defeat of one of the belligerents followed by a
dictated treaty of peace
* 7rinciple of uti possidetis 1 property or territory in the
possession of the respective belligerents upon the
termination of the war is retained by them
* 'tatus quo ante 1 calls for the complete restoration to
their former owners of property or territory that may
have changed hands during the hostilities, with the
exception only of pri(e and booty
* war is supposed to end with the re-establishment of
peace but the precise date is not easily fixed in view of
the different methods of terminating the state of
hostilities
Aftermat, of 0ar
* one of the inevitable consequences of war s the
implied judgment, right or wrong, that the vanquished
belligerent is the guilty party in the dispute that caused
the hostilities.
* treaty of peace imposed by the victor upon the
defeated state is regarded as a punishment as is
sustained on the ground although marked by the vice of
duress that normally would invalidate other agreements
*nationals of the vanquished state may be protected and
punished as war criminals and for other violations of
international law. $hey may not escape responsibility on
the ground that they were merely acting on orders of
their state
CHAPTER 19
NE!TRALITY
* - state is said to be neutral if it does not take part,
directly or indirectly, in a war between other states.
Ne'tralit2 an& Ne'trali:ation
* neutrality 1 dependent solely on the attitude of the
neutral state, which is free to join any of the belligerents
any time it sees fit
* governed by the law of nations
*obtains only during war
* neutrali(ation 1 result of a treaty wherein the duration
and the other conditions of the neutrali(ation are agreed
upon by the neutrali(ed state and other powers
* this agreement governs the conduct of
signatories
* intended to operate in time of peace as well as
in time of war
*&nly states may become neutral but portions of states
may be neutrali(ed
La1s of Ne'tralit2
a. *elations of the belligerent states with the
neutral state
b. *elations of the belligerent states with the
nationals of the neutral state
Relations of .elli-erent States an& Ne'tral States
* a neutral state has the right and duty to abstain from
taking part in the hostilities and from giving assistance to
either belligerent2 prevent its territory and other resources
from being used in the conduct of hostilities by the
belligerents, and to acquiesce in certain restrictions and
limitations that the belligerent may find necessary to
impose, especially in connection with international
commerce
* belligerents are bound to respect the status of the
neutral state
!se of Ne'tral Territories
* neutral territory is inviolable and cannot be used by the
belligerents for the movement of troops and the
undertaking of military operations in general
* use of neutral territory is not completely barred to the
belligerents Hexample: passage of sick and wounded
troopsI
* neutral state may give refuge to troops from the
belligerent forces
* escaped prisoners of war need not be detained by the
neutral state but must be assigned a place of residence if
they are allowed to remain
*warships may not enter neutral ports, roadsteads and
harbours except only in cases of unseaworthiness. $he
usual duration of the sojourn is =? hours but this may be
shortened or extended, depending on the reason for the
entry. $hus, the vessel must leave as soon as it has been
re-provisioned
*Beneral rule: repairs in their territory of damage
sustained by a warship in battle 1 permitted so long as
they are not intended to increase the fighting force of the
vessel.
*not more than > vessels from any belligerent shall be
allowed simultaneously in the same neutral port or waters
* territorial waters of a neutral state must never be used as
asylum for belligerent vessels under pursuit or attack by
the enemy
* passage of military aircraft belonging to the belligerents
is not allowed across the airspace of a neutral state.
*where a belligerent aircraft is forced to land on neutral
territory, the same should be detained and its officers and
crew interned
!se of Ne'tral Fa(ilities an& Ser;i(es
* it is prohibited from giving belligerents any form of direct
assistance in connection with the conduct of hostilities.
* neutral state may not send military contingents, extend
loans or even sell for valuable consideration, supplies of
war to either or both of the belligerents
* neutral state is not obliged to prevent the export from or
transit through its territory of war supplies purchased from
private traders by the belligerents in the ordinary course of
commerce, it is required to take reasonable diligence in
preventing the delivery of vessels constructed and armed
in its territory for use by any of the belligerents
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Relations of Belli-erent States 1it, Nationals of
Ne'tral states
* neutral states enact legislation to avoid their
involvement in foreign wars as a results of the acts of
their nationals
* neutral states are free to allow their nationals to deal,
in their private capacity, with any of the belligerents
* international law considers the relationship as strictly
between the individual and the belligerent states and
whatever hardships may be suffered by its nationals as
a result thereof must, as a rule, be acquiesced in by the
neutral state
$isit an& Sear(,
* belligerent warships and aircraft have the right to visit
and search neutral merchant vessels on the high seas
for the purpose of determining whether they are in any
way connected with the hostilities
* the vessels may be captured as pri(e if they are
engaged in hostile activities, if they resist to visit and
search, or if there is reasonable suspicion that they are
liable to confiscation
* the cargo of these vessels may also be captured under
certain conditions, as when they are contraband
*7ri(e is not confiscated summarily but must be brought
to a pri(e court for adjudication
*7*%E+ #&!*$ 1 is a tribunal established by a
belligerent under its own laws, and applies rules of
international law in the absence of special municipal
legislation.
Contra.an&
* contraband 1 term applied to goods which, although
neutral property, may be sei(ed by a belligerent
because they are useful for war and are bound for a
hostile destination
* -5'&.!$+ #&"$*-5-") 1 necessarily useful for
war under all circumstances
* subject to sei(ure so long as they are bound
for enemy or enemy-held territory
* #&")%$%&"-. #&"$*-5-") 1 both civilian and
military purposes
*may be sei(ed only when it can be shown that
they are destined for the armed forces or the authorities
of the belligerent government
* *++ .%'$ 1 includes goods useful for war and bound
for the belligerents but exempted from the law on
contraband for humanitarian reasons
* )&#$*%"+ & !.$%0-$+ #&"'!07$%&" 1 goods
intended for civilian use which may ultimately find their
way to and be consumed by the belligerent forces are
also liable to sei(ure
* contraband are subject to condemnation
* )&#$*%"+ & %"+#$%&" 1 if they are shipped
together with innocent goods belonging to the same
owner2 the latter may also be confiscated
* contraband are liable to capture from the time they
leave the port in which they are loaded and until they
reach their final hostile destination
* )&#$*%"+ & !.$%0-$+ )+'$%"-$%&" 1 liability of
the contraband to capture is determined not by their
ostensible but by their real destination
* even if the vessel intends to stop at an
intermediate neutral port, it will still be considered as in
one continuous voyage provided it can be shown that its
cargo will ultimately be delivered to a hostile destination
* )&#$*%"+ & #&"$%"!&!' 9&/-B+ 1 when the
goods are reloaded at the intermediate port on the same
vessel
* )&#$*%"+ & #&"$%"!&!' $*-"'7&*$ 1 when
they are reloaded on another vessel or other form of
transportation
Blo(4a&e
*5lockade 1 hostile operation by means of which the
vessels and aircraft of one belligerent prevent all other
vessels, including those of neutral states, from entering or
leaving the ports or coasts of other belligerent, the
purpose being to shut off the place from international
commerce and communication with other states
*7acific blockade 1 applies only to the vessels of
blockaded state and does not affect the vessels of other
states
**equisites of blockade:
a. binding 1 duly communicated to the neutral states
b. effective 1 it is maintained by adequate force so as to
make ingress to or egress from the port dangerous
c. established by the proper authorities of the belligerent
government
d. limited only to the territory of the enemy and not
extended to neutral places or international rivers
e. impartially applied to all states alike
* the liability of a neutral vessel to capture for breach of
blockade is contingent on its knowledge, actual or
presumptive of the blockade and continues as long as it is
pursued by the ships of the blockading force after it has
left or tried to enter the blockaded port
!nne'tral Ser;i(e
* consists of acts, of a more hostile character than
carriage of contraband or breach of blockade, which are
undertaken by merchant vessels of a neutral state in aid of
any of the belligerents
* a neutral vessel is liable to condemnation for unneutral
service:
<. if it is making a voyage special with a view to the
transport of individual passengers who are embodied in
the armed forces of the enemy or with a view to the
transmission of information in the interest of the enemy2
&*
=. if with the knowledge of the owner, or the one who
charters the entire vessel, it is transporting military
detachment of enemy or one or more persons who, during
the voyage, lend direct assistance to the operations of the
BETIA. MENOR. REAMICO | 2014
PUBLIC INTERNATIONAL LAW (Cruz)
enemy
* a neutral vessel is also liable to condemnation and to
be treated as a merchant vessel of the enemy:
<. takes a direct part in the hostilities
=. if it is under the orders or control of an agent placed
on board by the enemy government
>. chartered entirely by the enemy government
?. if it is at the same time and exclusively either devoted
to the transport if enemy troops or the transmission of
information
An-ar2
* by the right of angary 1 a belligerent may, upon
payment of just compensation, sei(e, use or destroy, in
case of urgent necessity for purposes of offenses or
defense, neutral property found in its territory, in enemy
territory, or on the high seas
* $:*++ *+,!%'%$+'
<. that the property is under the control or jurisdiction of
the belligerent
=. thet there is urgent necessity for the taking
>. that just compensation is paid to the owner
Termination of Ne'tralit2
<. when the neutral state joins the war
* neutral state will be governed by the laws of
war in its relations with the other belligerents and by the
laws of neutrality in its relations with all other states
=. upon conclusion of peace
*all states will again be governed by the laws of
peace
BETIA. MENOR. REAMICO | 2014